Annual Report Annual

2004–05 Judges’ Judges’ 2004–05 Supreme Court of of Court Supreme JUSTICE

Supreme Court of Victoria 2004–05 Annual Report Contents Letter to the Governor

Court Profile 1 To His Excellency Highlights of the Year 2 Professor AO Year at a Glance 3 Governor of the State of Victoria and its Report of the Chief Justice 4 Dependencies in the Commonwealth of Chief Executive Officer’s Review 7 Dear Governor Community Awareness 9 We, the Judges of the Supreme Court of Victoria have the honour to present our Annual Report Judicial Organisational Chart 12 pursuant to the provisions of the Supreme Court Act 1986 with respect to the financial year of 1 July Court of Appeal 13 2004 to 30 June 2005. Trial Division: Civil 16 Trial Division: Commercial and Equity 20 Trial Division: Common Law 24 Yours sincerely Trial Division: Criminal 26 Report of the Masters 28 Court Governance 29 Activities of Committees 30 Judicial Administration 31 Marilyn L Warren AC The Court’s People 32 Chief Justice of Victoria Service Delivery 35 3 August 2006 The Victorian Jury System 39 Court Access 41 Financial Information Finance Report 2004–05 43 John Winneke, P Bernard G Teague, J R S Osborn, J Reserve Judges: Senior Master’s Funds in Court Office 46 W F Ormiston, J A P D Cummins, J J A Dodds-Streeton, J H T Nathan, J Senior Master of the Supreme Court Stephen Charles, J A T H Smith, J R F Redlich, J R A Balmford, J Special Purpose Financial Report for F H Callaway, J A RFD John Coldrey, J K M Williams, J J D Phillips, J the Year Ended 30 June 2005 48 J M Batt, J A David Byrne, J Stuart Morris, J Appendices Peter Buchanan, J A D L Harper, J S Kaye, J Names of Judges and Masters 63 , J A H R Hansen, J S Whelan, J Descriptions of Masters’ Roles 64 F H R Vincent, J A Philip Mandie, J E Hollingworth, J Supreme Court Registries 65 G M Eames, J A E W Gillard, J K H Bell, J Legislation Updates and Practice Notes 66 G A A Nettle, J A Murray B Kellam, J AO K W S Hargrave, J Glossary of Terms 67 David Ashley, J A Bernard D Bongiorno, J B J King, J Freedom of Information (as of 21.06.05) D J Habersberger, J and Website inside back cover

About Our Cover Theme For the 2004–05 Annual Report, we chose the theme ‘justice’ to encapsulate the Court’s cooper- ative engagement with the community and the legal profession through such initiatives as electronic services to the public and connecting with the legal profession. Court Profile

About the Court Judges in discharging the Civil work of the division, and comprises the following sub-divisions: Governed by the Supreme Court Act 1986, the • Commercial and Equity Division Supreme Court of Victoria (the Court) is the superior • Common Law Division Court of Victoria. Although independent, the Court is • Criminal Division equal in status to the Legislature and the Executive Upon commencement, a case is placed into one of Government. A Chief Justice presides over the Court, who these sub-divisions. Each sub-division is headed by a is appointed by the Governor in Council. The Court con- Principal Judge, who manages the work of the sub- stitutes 34 Judges, including the Chief Justice, one active division in addition to carrying out their judicial duties. Reserve Judge and seven Masters, supported by 192 The types of cases heard and determined by the administrative staff. The Court operates in two divisions Trial Division include: – the Court of Appeal and the Trial Division. • all cases of treason, murder, attempted mur- Court Structure der and other major criminal matters; • civil cases involving complex and significant Pursuant to s.75A of the Constitution Act 1975, legal issues; the Court is divided into the Court of Appeal and the • civil cases involving large claims, generally Trial Division. exceeding $200,000; The Court of Appeal comprises the Chief Justice, • appeals and reviews of decisions of subordi- the President and nine Judges of Appeal, plus any addi- nate courts and tribunals; and tional Judges of Appeal appointed or acting under sec- • various other cases, including applications for tion 80B of the Constitution Act 1975. Appeals to the bail, winding up of companies, probate busi- Court of Appeal relate to judgments from the Supreme ness and urgent applications for injunctions. and County Courts in relation to criminal and civil mat- ters. The Court of Appeal also hears appeals from pro- A Brief History ceedings before the Victorian Civil and Administrative The Supreme Court was first established pursuant Tribunal (VCAT) and other tribunals. Governing court to legislation cited as 15 Vict. No. 10, with the full title proceedings constitute Acts of Parliament, Rules of of ‘An Act to make provision for the better administra- Court and Practice Statements. Certain types of appeals tion of justice in the Colony of Victoria’, which was require Leave of a Judge or Leave of the Court of Appeal assented to on 6 January 1852. Section 2 of this Act before a Notice of Appeal can be filed. established the Supreme Court of the Colony of Victoria. The Trial Division comprises the Chief Justice and 24 Trial Judges, as well as seven Masters, who assist the

Supreme Court of Victoria 2004–05 Judges’ Annual Report 1 Highlights of the Year

• Increased civil lodgements.

• Increased major criminal trial workload.

• Upgraded security.

• Upgraded IT infrastructure.

• Commencement of Supreme Court Redevelopment Project.

• Increased workload in Civil jurisdiction of the Court.

• Commencement of Supreme Court Registry Best Practices Review Project.

• Upgrade of the Supreme Court Automated Listing Information System.

• Increased salaries for Supreme Court Associates.

• Release of Court Strategic Directions document.

• Introduction of guide containing FAQs by Probate Office.

Chief Executive Officer Fin McRae meets with Program Manager Lynda Hamilton and Program Officer Melissa Biram to discuss the newly established Court Development Program. As one of its main objectives, the Program Office aims to improve the capability of Court administration to support the Judiciary and the community through a significant change management program.

2 Supreme Court of Victoria 2004–05 Judges’ Annual Report Year at a Glance

Item 2004–05 2003–04 % Change

Court of Appeal • Criminal Appeals Filed 424 362 17.3 • Civil Appeals Filed 155 166 (6.6) Trial Division: Civil • Proceedings Filed () 6,314 6,041 4.5 • Proceedings Filed (Regional Registries) 144 188 (23.4) General Trial List: Melbourne • Proceedings Entered or Reinstated 520 573 (9.3) • Proceedings Finalised 489 528 (7.4) • Proceedings Pending 505 488 3.5 Long Cases List • Proceedings Entered or Reinstated 34 33 3.0 • Proceedings Finalised 22 29 (24.1) • Proceedings Pending 68 56 21.4 All Regional Courts • Cases Entered 104 14 642.9 • Cases Finalised 46 32 43.8 • Cases Pending 63 5 1160.0 Trial Division: Commercial and Equity Division Corporations List • Proceedings Entered 999 1,265 (21.0) • Proceedings Finalised 994 1,225 (18.9) • Proceedings Pending 257 252 2.0 Commercial List • Proceedings Entered 166 125 32.8 • Proceedings Finalised 100 88 13.6 • Proceedings Pending 142 88 61.4 Building Cases List • Proceedings Entered 23 11 109.1 • Proceedings Finalised 6 4 50.0 • Proceedings Pending 48 42 14.3 Admiralty List • Proceedings Entered 4 1 300.0 • Proceedings Finalised 1 2 (50.0) • Proceedings Pending 7 6 16.7 Intellectual Property List • Proceedings Entered 4 5 (20.0) • Proceedings Finalised 2 8 (75.0) • Proceedings Pending 8 6 33.3 Victorian Taxation Appeals List • Proceedings Entered 11 28 (60.7) • Proceedings Finalised 15 10 50.0 • Proceedings Pending 23 27 (14.8) Trial Division: Common Law Division Major Torts List • Proceedings Entered 151 51 196.1 • Proceedings Finalised or Referred to Listing Master 143 47 204.3 • Proceedings Pending 645 637 1.3 Valuation, Compensation and Planning List • Proceedings Entered 19 19 n/c • Proceedings Finalised or Referred to Listing Master 22 7 214.3 • Proceedings Pending 21 24 (12.5) Trial Division: Criminal • Criminal Trials (Melbourne) 97 95 2.1 • Criminal Trials (Circuit) 12 9 33.3 • Criminal Applications Filed 415 214 93.9 n/c=no change

Supreme Court of Victoria 2004–05 Judges’ Annual Report 3 Report of the Chief Justice

The Year in Review: The Court continues to enhance efficiency levels. 2004 – 2005 was an extremely constructive and It is my pleasure to announce that, despite the increased challenging year for the Court. In my last report, I case load in the Civil Division of the Court, by the end of emphasised three key factors in the shaping of the 2004, all civil cases commenced in the Trial Division Court’s future: The provision of sufficient resources, were disposed of. New procedures and arrangements control of court governance and the refinement of the were also put in place including the launch of the types of jurisdiction to be exercised by the Court in the revised Commercial List Practice Note of 2004 by the future. That work remains in progress and I remain Hon. Justice Byrne and the expansion of the role and strongly committed to delivering positive outcomes for responsibilities of Principal Judges in Division manage- the Supreme Court in those areas whilst Chief Justice. I ment. A substantial number of significant long civil tri- wish to thank all judges, masters and judicial staff for als were also completed during the reporting year their hard work, continuing dedication and their posi- including S.B v State of New South Wales; McFadzean v tive approach and support during this time of change to Construction, Forestry, Mining and Energy Union and the Court. Reading Entertainment Australia Pty Ltd v Burstone The Court has commenced several major projects Victoria Pty Ltd & Ors. and initiatives for the purposes of securing its position An extra two trial judges were allocated during as a premier provider of justice in this country. This each term in 2005 to the Court of Appeal to expedite year saw the return of much high-profile, complex liti- Court of Appeal sittings. By the end of 2004, criminal gation to the Court. The Court is continuing to upgrade appeals were disposed of faster than the year before; a Chief Justice of Victoria , A C. its information technology infrastructure, including the trend that continued through 2005. As a result of juris- deployment of infrastructure to support and enhance the dictional changes and the increased number of criminal hearing of e-Trials and the replacement of computer trials, I foresee the workload of the Court of Appeal hardware. Extra services were added to the court system increasing enormously over the coming two or three intranet, ‘JOIN’, as well as the launch of a new, much years. The capacity of the Court to manage the timely welcomed e-Filing system for the Court of Appeal. I disposal of these appeals will require constant review. gratefully acknowledge the hard work of Master Cain I emphasise that the efficiencies and the success of and the Court of Appeal Registry staff for the rapid and many initiatives have been achieved by the unfailing efficient implementation of the new system. dedication of the judges and masters of this Court and The Court undertook a major review of its security their willingness to work uncompromisingly day in day arrangements and continues to work with the State gov- out. The monitoring of judicial health and workloads is ernment on a budget for the provision of security servic- one that I take very seriously and include as a major es, necessitated, in part, by the significant rise of high- factor, with those listed above, in the shaping of this profile, high security criminal cases of lengthy duration Court’s future. heard by this Court. To assist in dealing with the I consider one of the major achievements of the expanded case load in the Criminal Division, the Court reporting year the long-awaited rise in wages for associ- commenced fast-tracking preliminary aspects of some ates which rightly brought Supreme Court associates’ trials, introduced the practice of final directions hear- salaries more in line with our inter-state and federal col- ings, and undertook a review of bail application process- leagues. This was achieved as a consequence of over a es. The Court also successfully applied for government year of lobbying by the Court and I applaud the patience funding to ensure that major criminal trials were able of associates during that difficult period. to be heard expeditiously from early 2005.

4 Supreme Court of Victoria 2004–05 Judges’ Annual Report In September 2004, the Court completed and Supreme Court judges and masters continued to Farewell to the Hon. John David launched the Courts Strategic Directions Statement. The be actively involved during the reporting year in judicial Phillips and Master Wheeler: Statement was a result of a comprehensive two-year education and professional development. The Judicial On 17 March 2005, a gathering was held in the review and aimed to provide a set of directions for the College of Victoria (JCV) continued to provide an invalu- Banco Court to farewell the Honourable John David structural, procedural and administrative reform of the able forum for broadening judicial knowledge and Phillips on his retirement from the Bench after 15 years Magistrates’, County and Supreme Courts as well as insight by involving many judges in their programs of distinguished service and exceptional dedication to VCAT over the next decade. The review took a system- including the Syllabus Advisory Committee, of which the Court. The Court wishes him all the very best on his wide approach and included a number of recommenda- Justice Nettle was Chair until February 2005 and Justice retirement. tions to improve Victorian court services. The Statement Hansen from February 2005; the Online Judicial Party On 17 February 2005, Master Charles William also emphasised the need for access by the courts to ade- comprised Justice Nettle, Justice Smith, Justice Mandie George Wheeler retired as a Master of the Supreme Court quate resources and raised the critical issue of court and Justice Morris; the JOIN Management Group was of Victoria after 14-1/2 years in that role. We also wish governance. chaired by Justice Hollingworth from March 2005; and him the very best on his retirement. The full document may be viewed on the Supreme the Victorian Sentencing Manual Committee chaired by In Memoriam: Court’s website at: www.supremecourt.vic.gov.au/publi- Justice Vincent. In that time also, Justice Charles, Justice On 20 July 2004, the Honourable Peter Murphy, a cations/media releases Nettle, Justice Teague, Justice Ashley, Justice Byrne, judge of the Supreme Court of Victoria from 1973 to Early 2005 also saw the beginning of the process Justice Cummins, Justice Hansen and Master Kings were 1992, passed away in his 81st year. He was a truly well- for the potential redevelopment of the Supreme Court all involved in the Supreme Court Education rounded and remarkable man and was acknowledged as building. This redevelopment represents a unique Committee. Thank you to all those judges and masters a great contributor to the Supreme Court during his investment for the future of this Court and for the who devoted many extra-curricular hours to these decades of service as a judge. He is survived by his wife, administration of justice in this State and I am commit- groups and committees. I also congratulate Lyn Slade, Mimi, his two daughters Susan and Deirdre and his son ted to ensuring the best possible outcome for the judges the JCV CEO, and all her staff for their very hard work Frank. of this Court and for the citizens of Victoria. over the past year. Honour’s List: Several significant legislative amendments were A number of judges participated in important In June 2005, I was honoured to receive a passed or initiated in Parliament during the 2004-2005 national and overseas conferences held over the past Companion in the Order of Australia (AC) for services to financial year which had potential implications for the year and their dedication, knowledge and hard work the judiciary and legal profession in the delivery and Court, the profession and the judiciary as a whole. On contributed to the success of those conferences. The administration of law in Victoria; to social and econom- 22 November 2004, the Victorian Law Reform conferences and other occasions involve judges of the ic conditions of women; and to forensic medicine inter- Commission presented the Defences to Homicide Final Court delivering papers and speeches, many of which nationally. Report. Amongst other recommendations, the Report are available on the Supreme Court website. The papers The Honourable Justice Murray Byron Kellam at urged the abolition of the defence of provocation for and speeches are indicative of the important leadership this time also received an Officer of the Order of homicide cases. As a result of these recommendations, role that the judges of the Supreme Court play for the Australia (AO) for services to the law through a range of in early 2005, the State government began working on whole of the Victorian judiciary. judicial and legal training roles undertaken in Australia legislative amendments to remove provocation as a During the 2004 to 2005 financial year, the Court and the Asia-Pacific region; for services to the commu- defence to homicide from the Crimes Act. The State admitted 1,142 persons resident in Victoria and overseas nity, particularly with respect to his Honour’s support for Parliament also passed the Courts Legislation (Judicial to practise as barristers and solicitors of the Supreme the activities of the Jesuit Refugee Service in Thailand; Appointments and other Amendments) Act 2004 in Court. That figure included 289 admitted through the and for disadvantaged people in Melbourne. relation to Acting Judicial Officers. This legislation was mutual recognition process. passed despite strong opposition from both the legal community and the Supreme Court.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 5 Report of the Chief Justice

Appointments and Retirements: In the criminal jurisdiction there are three main components of the administration of justice: investiga- 10 February Kevin Harcourt Bell QC was appointed to be a Judge of the Trial tion, prosecution and due process through the courts. Division of the Supreme Court of Victoria The year has seen a surge in the criminal work of the 17 February Charles William George Wheeler retired Supreme Court. Just as Government supports investiga- as a Master of the Supreme Court of tion and prosecution of crime, so too must there be sup- Victoria port for due process through the Court. Recognition of 18 March Kim William Spencer Hargrave QC was this necessity was achieved in the funding of the major appointed to be a Judge of the Trial criminal trials during the year. The next phase will be Division of the Supreme Court of Victoria to progress criminal matters without undue delays, 31 March The Honourable John David Phillips including criminal appeals. At the same time, the resigned as a Judge of Appeal and a Judge importance of commercial litigation in the Supreme of the Trial Division of the Supreme Court Court should not be forgotten. Victorian citizens, corpo- of Victoria rations and lawyers should look to the Supreme Court of 3 June The Honourable John Michael Batt Victoria as a court of choice. Commercial litigation in resigned as a Judge of Appeal and a Judge the Supreme Court needs to be capable of rivalling the of the Trial Division of the Supreme Court court environments and resources of other jurisdictions. of Victoria I believe this is an important challenge to Government. Finally, the President of the Court of Appeal of the In the next year I expect the progress of the reno- Supreme Court, the Hon. John Winneke, A.C. will retire vation and redevelopment of the existing Supreme Court shortly after the end of the reporting period. His Honour buildings, the expansion of direct judicial management presided over the first decade of the Court of Appeal from of all Supreme Court cases and the review of outmoded 1995 onwards. His contribution to the standing of the litigation processes and arrangements will provide areas Court of Appeal will be acknowledged for generations. of the greatest challenge as the Court continues its The Court of Appeal has made a significant and leading march into the twenty-first century. contribution to state and national jurisprudence under the leadership of the President. The Supreme Court of Victoria is greatly indebted to his Honour. The Challenges Ahead: The year has seen the commencement of a new The Hon. Marilyn Warren AC period of support and cooperation between Government Chief Justice of the Supreme Court of Victoria and the Supreme Court. The Government, in particular, the Department of Justice, has responded to commen- taries throughout the year as to the role of the Court and its needs. While the Supreme Court is, and must always remain, independent of Government, I wish to acknowl- edge the assistance provided to the Court by the Department of Justice and emphasise that the needs of the Court will require on-going commitment from Government.

6 Supreme Court of Victoria 2004–05 Judges’ Annual Report Chief Executive Officer’s Review

The 2004–05 reporting period provided an oppor- In 2004–05 Court staff made an important contri- tunity for consolidation and improving the services pro- bution in assisting the Major Projects Team of the vided by the administration of the Court to the Judiciary Department of Justice in preparing submissions aimed and the community. A number of important initiatives at a redevelopment of the Supreme Court site. The commenced, which are vital to improving the capacity Department of Justice has obtained funding to continue of the Court to perform its function and provide services this critical project in 2005–06. to the community. Improved Information Successful Bid for Technology Capacity Additional Resources The Court upgraded its IT infrastructure during to Deal with Major the period with the view to enabling electronic delivery Criminal Trials of services such as e-filing and the continuation of elec- Court staff, with the assistance of the Court tronic trials within the Court. Videoconferencing and e- Services Division of the Department of Justice, partici- trial facilities were significantly upgraded in key court- pated in submissions from agencies across the Justice rooms for both the Criminal and Civil Jurisdictions, sector aimed at establishing sufficient resources to deal allowing the Court to continue to be a world leader in with the major criminal trials arising in 2004–05. The the electronic presentation of evidence. number of criminal cases presented to the Supreme By the end of June 2005, the Registry case man- Court increased by 72.0%, compared with the previous agement systems were close to being consolidated into financial year. one computerised case management system for the Trial Chief Executive Officer Fin McRae. The submissions prepared by Court staff included Division of the Court. This IT initiative was a major step additional capital works and information technology forward in preparation for electronic service delivery. aimed at assisting the Judiciary to dispose of criminal Court Development trials in the shortest possible timeframe. Capital works Program Office included improved video conferencing, electronic deliv- ery of evidence and improved facilities for Court partici- During the period, the Court Development pants, including jurors. Program Office was established under the leadership of Senior Project Manager Ms Lynda Hamilton. Although Legal Precinct this project is mentioned later in this Annual Report, it Project is worth noting that one of the main objectives of the Continuing to maintain the current facility is a Program Office is to improve the capability of the Court major focus of the Supreme Court administrative staff. administration to support the Judiciary and the commu- The Court has five separate buildings and significant nity through a significant change management pro- heritage facilities in which to conduct modern case gram. management and court hearings. While Court facilities Staff Acknowledgment staff members do an excellent job in maintaining the current site, redevelopment of the existing Court build- Staff of the Court have been diligent in their work ings at the corner of William and Lonsdale Streets into a throughout the reporting period, particularly in modern Court complex is a major focus for the Court responding to the program of organisational change administration. that is currently under way at the Court. I thank all staff for their efforts.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 7 Chief Executive Officer’s Review

Financial Report Chief Justice Awards The Court achieved an improved financial posi- The following staff received awards from the Chief Justice during the reporting period: tion at the completion of the financial year ended 30 10 Years Service: June 2005. This result was due to the efforts of Court Michael Deviny staff and the Department of Justice, Court Services Richard King Finance team in obtaining project funding to support Sally Baker Samantha Loo the initiatives of the Court. Pauline Perry For salaries and operating costs, an overspend New Starter: of $1.11 million was recorded, compared with $2.11 Erin Liston million in the previous financial year. It is worth noting Tom Bradley that the Court Development Program initiatives, again Robyn Miller in conjunction with the Court Services Finance team, is Service Delivery: expected to provide a further improved financial posi- Sally Baker Mary-Louise Brien tion for the Court in 2005–06. Leigh Bryant Outlook for the Robyn Miller Ron Niemer Future Daryl Hockings It is estimated that more than 250,000 people a Jin Lee John Wood year visit the Supreme Court buildings, including par- Michael Kennedy ticipants in litigation, interested observers of the Court Ideas and Improvements: and a large number of students observing the workings Mary-Louise Brien of the legal system. Additionally the business of the James Stevens Court is increasing. In Civil, there was a 2.1% increase John Wood in general Civil filings and, as mentioned earlier, a Quiet Achiever: 72.0% increase in Criminal matters coming before the Allan Watson Dale Jelley Court. Daryl Hockings Under the guidance of the Chief Justice, the Michael Kennedy

Court’s Administration will focus on the preparations for Group Award for Community Spirit (Supreme Court redeveloping the site, and establishing and consolidat- Registry Social Club): Nathan Agius ing electronic delivery of services and the resources to John Bennett allow further improvement to service delivery for court Melissa Biram users. Olivia Collard Jo Galliott

Group Award for Service Delivery (Supreme Court IT Team): Andy Smout Sandra Berto Fin McRae Anthony Sabangan Chief Executive Officer Mark de Bruyn Lisa Gialamas Lynda Collodetti Hans Wolf Stan Ashley

8 Supreme Court of Victoria 2004–05 Judges’ Annual Report Community Awareness

The Court establishes links with the community it • practitioners for approval as persons under serves through volunteer organisations, statutory bodies whom articles may be served; and involved in supervising prisoners on parole, forensic • law-teaching institutions for approval of leave and legal education and judicial organisations particular subjects, the passing of which will such as the Australian Institute of Judicial satisfy, in part, the Council’s requirement Administration and Judicial Conference of Australia. In that, before admission, candidates demon- doing so, the Court lends the expertise and extensive strate an understanding of, and competence experience of its Judges to community programs with in, each of 11 prescribed ‘heads of knowl- the aim of benefiting the Court and the community. edge’. In addition, the Council considers applications by Council of Legal tertiary teaching institutions for approval of courses of Education study as satisfying the tertiary qualification require- First established by the Legal Practitioners ments for admission in Victoria. The Council discharges Reciprocity Act 1903 and then re-established under the its responsibilities at no cost to the State. The extensive Legal Practice Act 1996, the Council of Legal Education secretarial services required by the Council continued to is a statutory body charged with determining the qualifi- be supplied by the firm of Allens Arthur Robinson with- cations required for admission to legal practice. It may out charge. Other expenses of the Council are either make rules for, or with respect to, courses of study, borne by the Court or paid out-of-pocket by individual examinations and service of articles. Such rules have members of the Council. been made from time to time and those presently in The membership of the Council is prescribed in force are the Legal Practice (Admission) Rules 1999. section 331 of the Legal Practice Act 1996. The Chief The Council meets at least four times each year and Justice is its Chair and other judicial members from the more often, if required. Members individually consider Court included the President of the Court of Appeal and matters regarding applications by: Justices Charles, Teague, Cummins, Harper, Dodds- • overseas candidates for admission; Streeton, Williams and Hollingworth.

Use of technology in e-trials.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 9 Community Awareness

Adult Parole Board Judicial • Justice Cummins is a member of the Faculty of Law of the as the The Adult Parole Board is an independent statutory Organisations Dean’s nominee. He periodically lectures on body established under the Corrections Act 1986 and is The Australian Institute of Judicial Administration professional and judicial ethics and respon- chaired by Justice Kellam, with Justice Teague as Deputy (AIJA) is the leading organisation in Australia for sibility at the National Judicial College of Chairperson. The board sits regularly, exercising its juris- researching and improving the courts and judicial sys- Australia, the Judicial College of Victoria, the diction over the release of prisoners on parole. Its judicial tems. Its membership totals approximately 1,000 and is Victorian Bar, the Law Institute of Victoria members visit prisons throughout Victoria in the course derived from all tiers of Courts in Australia. and other bodies. He also lectures on Legal of their duties. The Board provides a framework that The Judicial Conference of Australia is a national Studies to secondary schools in metropolitan enables prisoners to undertake a step-by-step re-entry into body open to all judicial officers dedicated to the main- Melbourne and in regional Victoria. the community. tenance of a strong and independent judiciary and the • Justice Tim Smith was a presenter at the The board’s objectives are to: education of the public as to the rule of the judiciary. Judicial Orientation Programs of the AIJA, • fulfil its statutory obligations efficiently and Judicial Commission of New South Wales and effectively and in the best interests of the Judges’ Activities National Judicial College of Australia. In community; Most Judges are active in a variety of extra-judicial addition, he is the Court’s representative on • make independent and appropriate decisions functions within the legal community and the wider the Executive and Governing Council of the regarding the release of prisoners on super- community. The following examples show their wide Judicial College of Australia. He represented variety of interests, as well as their commitment to the vised conditional release; the Court on the working party for the signifi- legal profession in Australia and overseas and the com- • make appropriate orders relating to can- cant reference on the Strategic Directions munities they serve: celling parole and returning offenders to Statement for Victoria’s courts, which was • The Chief Justice is the Chair of the Judicial prison custody; and released in September 2004. In addition, College of Victoria and President of the • ensure that offenders are properly prepared to Justice Smith was part-time Commissioner Victoria Law Foundation; Chair of the reintegrate into the community. for the Victoria Law Reform Commission Victorian Institute of Forensic Medicine, the responsible for the reference on evidence law. Forensic Leave Council of Legal Education and the Costs • Justice John Coldrey co-chairs the Forensic Panel Coordination Committee; and Patron of Leave Panel. In August 2004, he attended Victorian Women Lawyers and Court Network. The Forensic Leave Panel was established under the 18th International Conference of the • Justice Alex Chernov is Deputy Chancellor of the Crimes (Mental Impairment and Unfitness to be International Society for the Reform of the University of Melbourne, Chair of the Tried) Act 1997. The Act came into effect on 18 April Criminal Law in Montreal, Canada where he University’s Buildings and Estate Committee 1998 and governs the detention, management and was awarded the Society’s gold medal in and presides over the Hanover Moot final. release of persons found unfit to be tried or not guilty on recognition of his contribution to criminal • Justice Frank Vincent is the Chancellor of the grounds of mental impairment. law. In October 2004, he was involved in the Victoria University. The Forensic Leave Panel must include a Judge or presentation of Advocacy Training Courses in • Justice Geoffrey Eames chairs the Judicial Judges of the Court, nominated by the Chief Justice. Papua New Guinea. He continued to be a Officers’ Cultural Awareness Committee, During the reporting year, Justice Teague was Chair and member of the steering committee for the comprising representatives of every court, Justice Coldrey was a judicial member of the Panel. Supreme and Federal Court Judges’ Deputy Chairperson of the National One of the main functions of the Forensic Leave Conference and in January 2005 chaired a Indigenous Cultural Awareness Committee Panel is to hear applications by forensic patients and session at the Conference held in Darwin. In under the auspices of the AIJA and Chair of forensic residents who are subject to supervision orders June 2005, he played a similar role at the the AIJA Jury Project. for on-ground and off-ground leave either escorted or International Society for the Reform of • Justice Bernard Teague is the Deputy unescorted. Additionally the jurisdiction of the Forensic Criminal Law’s 19th International Chairperson of the Adult Parole Board, Leave Panel encompasses applications by Federal Conference in Edinburgh, Scotland. President and Co-chair of the Forensic Leave forensic patients. • Justice David Harper is the President of Panel and Deputy Chairman of the Board of VACRO (the Victorian Association for the the Victorian Institute of Forensic Mental Care and Resettlement of Offenders), Health. Chairman of the Australian Red Cross

10 Supreme Court of Victoria 2004–05 Judges’ Annual Report International Law Committee, a member of the university’s law school faculty, she sits on The Board meets on approximately 10 scheduled the board of the Margaret Cunningham the Forensic Leave Panel, is a member of the occasions each year with a similar number of extraordi- Trust (at Fintona School), a part-time Australian Rhodes Scholars Association nary meetings for complex hearings. Commissioner of the Victorian Law Reform Scholarship Selection Committee, is a mem- During the reporting period a total of 853 local Commission and a trustee of the Northcote ber of the Council of Legal Education and is and overseas applicants were admitted to practise as Trust (which provides scholarships for the the Chair of the JOIN Management Barristers and Solicitors of the Supreme Court, com- educational needs of disadvantaged groups). Committee. pared with 793 in 2003–04. In the first half of 2005, 564 • Justice Murray Kellam, A. O., has been • Justice Hartley Hansen is a Member of the individuals were admitted. Slightly more than 60% of Chairperson of the Adult Parole Board since Clinical Ethics Committee of Melbourne applicants admitted to practise were women. March 2003. He was the leader of the Health. In addition to these admissions, a further 402 Australian Bar Association’s advocacy train- applicants were admitted during the reporting period Court User Groups ing team in Bangladesh in December 2004, pursuant to Mutual Recognition principles, compared and he conducted a two-day alternative dis- An active system of consultation with the legal with 260 in 2003–04. pute resolution course for PNG practitioners profession, Court user groups provide a vital tool to Thus the total admissions for the reporting period ensure best practice in conducting court cases. Barristers in Port Moresby in October 2004. Justice amounted to 1,255 candidates. Kellam was appointed Chair of the National and solicitors practising in particular areas of the law In October 2004 the Victorian Attorney-General Alternative Dispute Advisory Council meet with the Judges who conduct the specialist lists, asked the Law Institute of Victoria (LIV) to investigate (NADRAC) by the Commonwealth Attorney- ranging from the criminal division user groups to the the experience of graduate lawyers entering their first General on 1 January 2004 for a period of civil litigation committee. Some Judges on circuit meet year of employment and training in the legal profession three years. NADRAC is a national body with lawyers practising in local areas to encourage them as articled clerks. An online survey was developed and which provides the Federal Government and to take full advantage of the court sittings at regional more than 600 articled clerks completing their ‘training Federal Courts and Tribunals with advice centres throughout Victoria. year’ on the way to admission were contacted in relating to a high quality, accessible, inte- November to take part in the survey. The Board of grated Federal alternative dispute resolution Board of Examiners Examiners collaborated with the LIV by mailing infor- system. He is Chair of the National Judicial The Board of Examiners is the body responsible mation about the survey to each articled clerk and asked College ‘Phoenix’ Planning Committee, for arranging admission to practise in the Supreme that they complete the online survey. A total of 265 convening a five-day judicial seminar in Court of Victoria by persons wishing to be admitted as responses were recorded, which represented a very good Canberra in May 2005. In addition, he con- legal practitioners. The Board was created more than response rate of more than 40%. These survey results ducted sessions on Judicial Conduct and 100 years ago, largely to perform the traditional func- were published in December 2004 and are available Ethics for the National Judicial College ori- tions of the ‘Body of Benchers’ of the old English Inns of through the LIV. entation program in Sydney and, together Court. Its modern existence derives from the Legal In 2005 the Board completed a major project with Justice Cummins, for South Australian Profession Act 2004 (s.6.5.9 – s.6.5.18). involving publishing a comprehensive website of its judges and magistrates in Adelaide. Justice One of the primary roles of the Board is to grant activities with links to all major precedent documents Kellam was appointed to the Advisory Board (or withhold) the certificates upon which the Supreme utilised by the Board and applicants. The website covers of the Asian Law Centre of the Melbourne Court relies when ordering that persons be admitted. All all facets of the Board’s operation, including legal University Law School in December 2004. candidates must satisfy the Board that they have com- training, admissions, Mutual Recognition applications, • Justice Bernard Bongiorno is the President of plied with the Admission Rules [Legal Practice overseas applications, Public Notaries, fees and contacts. CoAsIt, a social welfare, cultural and educa- (Admission) Rules 1999 (No.144 of 1999)]. They must Users may visit the Supreme Court home page tional organisation for Australians of Italian also satisfy the Board that they are of good character www.supremecourt.vic.gov.au to access the website. origin. and reputation. The onus of proof rests on the appli- The Board sees its role as one of assistance to • Justice Julie Dodds-Streeton is a member of cant; the Board has power to make enquiries, and may the editorial board of the Insolvency Law applicants seeking admission to practise or appointment require applicants to appear before it. Journal. as a Public Notary. The Board staff are available to The Board comprises the Attorney-General, the • Justice Elizabeth Hollingworth is an hon- advise candidates with respect to any problems they Solicitor General, and six local legal practitioners nomi- orary senior fellow of the University of encounter in this regard. nated by the Council of Legal Education after consulta- Melbourne’s law school. She is a member of tion with each professional association and the Board.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 11 Judicial Organisational Chart

Chief Justice Warren, J

President Court of Appeal Winneke, JA

Ashley, JA Ormiston, Charles, Callaway, Buchanan, Chemov, Vincent, Eames, ENettle from JA JA JA JA JA JA JA JA 21.06.05

Byrne, J Ashley, J until 21.06.05 Teague, J (Commercial and Gillard, J from 21.06.05 (Criminal Division) Equity Division) (Common Law Division)

Cummins, J Harper, J Smith, J

Coldrey, J Hansen, J Gillard, J

Kellam, J Mandie, J Bongiorno, J

Redlich, J Habersberger, Osborn, J J

Dodds- King, J Streeton, Williams, J J

Whelan, J Morris, J

Hollingworth, Kaye, J J

Hargrave, J Bell, J

Senior Master Master Mahony Cain

Master Master Master Master Master Dowling, Evans Kings Bruce Wheeler QC

12 Supreme Court of Victoria 2004–05 Judges’ Annual Report Court of Appeal

This report has been prepared by the Registrar of The Work of the Criminal Division Appeals Statistics the Court of Appeal. Court 2004–05 2003–04 The former President of the Court of Appeal, the Number of Criminal Appeals The statistical profile of the work of the Court is set At Start of Reporting Year 309 346 Honourable Justice John S Winneke AC, retired on 15 out in the accompanying tables, but other comment Filed 424 362 July 2005, before the preparation of this report. The new Finalised 429 399 should be made. Pending at 30 June 304 309 President, the Honourable Justice Chris Maxwell The lists of cases awaiting hearing still remains. Nature of Applications Filed assumed the office of President of the Court of Appeal on Appeals against Conviction or As has previously been reported, this has not worsened Conviction and Sentence 112 97 18 July 2005. but it has not improved. The Court has sat two divisions Appeals against Sentence 266 230 Miscellaneous 46 35 Overview – 1 Criminal and 1 Civil – during most weeks of the Total 424 362 legal year. On only rare occasions has the Court been Elapsed Times of Applications The work of the Court in both its Civil and Finalised (in Months) able to sit in three divisions. Although the Chief Justice Criminal divisions continued unabated during 2004- Sentence 7.7 8.1 and Judges from the Trial Division were able to sit in the Conviction and Sentence 14.6 18.1 2005. As can be seen from the accompanying tables, the Overall 9.6 10.6 Court of Appeal from time to time, very little extra workload of the Court of Appeal remains relentless. The Profile of S.582 Crimes Act impression on the lists of cases awaiting hearing was Sentence Applications statistics for the period of this report (July 2004 to June achieved. to a Single Judge 2005) are set out in the tables which follow. Total Number Listed 231 200 The Court actively seeks ways to improve its pro- Applications Granted 74 72 ductivity and is always considering suggestions for Applications Refused* 109 77 Appointments and Applications Abandoned 32 33 Retirements improvement from all quarters. Any steps taken must Applications Adjourned 16 18 always be fully considered and the interests of justice *Of the applications refused, 36 applicants elected to The Honourable J M Batt, a Justice of the Supreme proceed to a hearing before a court of three Judges of must always remain paramount. Appeal. Court since 1994 and a Judge of Appeal since 6 May 1997, retired on 2 March 2005. Comment on the statistical data Criminal Division: Number of Appeals— The Honourable Justice David Ashley, a Justice of (Criminal) 2003–04 to 2004–05 the Supreme Court since 1990 was appointed as a Judge The overall number of criminal appeals at 30 June 500 of Appeal on 21 June 2005. 2005 was slightly lower than at 30 June 2004, notwith- standing that there were 62 more lodgments in 2004- 400 2005 than in 2003-2004. This represents an increase of 300 17.3% in lodgments. Despite this increase, the Court

disposed of 30 more cases than in the previous year. 200

100

0 2004–05 2003–04

Pending at 1 July Filed Finalised Pending at 30 June

Supreme Court of Victoria 2004–05 Judges’ Annual Report 13 The elapsed times (the average time taken for an Comment on the statistical data (Civil) Civil Division Appeals Statistics appeal from the date it is lodged until final disposition) The number of appeals lodged in the financial year 2004–05 2003–04 have improved to a small extent from the previous year. 2004-2005 (155) has decreased a little from the number Number of Civil Appeals At Start of Reporting Year 182 175 It can be stated that the elapsed time average for sen- lodged in the previous reporting period (166). As well, the Filed 155 166 Finalised 156 159 tence appeals is satisfactory, but that the time for convic- number of appeals disposed of in 2004-2005, 156, has Pending at 30 June 181 182 tion appeals is too long. The different nature of a con- decreased from 159. The elapsed times have also fallen Elapsed Time Averages (in Months) viction appeal – longer to prepare, to hear and to con- by a small margin. As with the criminal appeals against Filing Notice of Appeal to sider, and usually requiring considerable written reasons conviction, the average elapsed time for a civil appeal, Final Disposition 14.7 15.5 Filing Appeal Book to Hearing 10.1 12.6 – will always require much more time than a sentence (just under 15 months) from filing of the Notice of Nature of Civil Applications appeal. Notwithstanding all these factors, an overall Appeal to final disposition, is longer than desirable, Leave to Appeal 97 85 Extension of Time 11 5 elapsed time of 9.6 months (taking all criminal cases although it is a little better than in the previous year. Stay of Execution 13 20 into account) must be seen, in all the circumstances, as During 2004-2005 there was a small increase in Security for Costs 17 18 Dismissal/Striking Out a considerable achievement. the number of civil applications to the Court. During Notice of Appeal 6 1 The Rules of Court governing criminal appeals the year, 179 applications were initiated. These were Expedition of Hearing 5 11 Appeal Not to be Taken to which were substantially revised have now been in oper- largely (97) applications for leave to appeal, the nature be Abandoned 7 7 ation since 1 July 2004. As those rules apply in respect of the other applications and the number of each were Directions 2 5 Sundry 21 17 of appeals filed after 1 July 2004, it is still too early to generally consistent with the previous year. Total 179 169 assess fully their impact. Early indications are that there has been a positive impact on the list of pending Sittings in cases. The legal profession has, by and large, adapted Regional Centres Civil Division: Number of Appeals— itself well to the new requirements. The practitioners In accordance with usual practice, the Court sat 2003–04 to 2004–05 who appear regularly in criminal appeals in the Court, for a week in the gazetted circuit districts of Horsham in 200 and the relevant officers in the Office of Public (August 2004) and in Geelong (March 2005). An addi-

Prosecutions and of Victoria Legal Aid should also be tional circuit was held in Mildura in April 2005 to mark 150 thanked and congratulated for their co-operation in the opening of the new Mildura Law Courts. These cir- ensuring the early acceptance of these rules. cuit sittings continue as an integral part of the Court’s 100 schedule. As has been noted previously, the wider rural

community rarely has the opportunity to see the work of 50 the Courts, particularly the Supreme Court and its

Appeal Division, and circuit sittings serve to bring the 0 2004–05 2003–04 work of the highest Court in Victoria to regional com- Pending at 1 July Filed Finalised munities. Pending at 30 June

14 Supreme Court of Victoria 2004–05 Judges’ Annual Report Court of Appeal

The enthusiasm for Court of Appeal circuit sittings The Registry Development work which was planned for the year displayed by the local government representatives and 2004-2005 has proceeded. The possibilities for electron- The Court of Appeal registry continues as an office their staff, by the respective Deputy Prothonotaries and ic filing of certain documents were investigated and, by separate from the general registry of the Court. Unlike a their staff, by the local professions and the Director of June 2005, planning for this was advanced for its intro- general court registry which must meet the overall Public Prosecutions and his staff and, particularly, by duction, early in 2005-2006, in respect of the electronic requirements of a court as a whole, the Court of Appeal Victoria Legal Aid, is noted. The contribution made by filing of outlines of submissions, summaries of evidence registry, with the more tailored and specific aims of an each of these is essential to the continuing success of and proceedings and lists of authorities for the Court. As appeal court, must be responsive to the immediate needs regional sittings. well, there was continued development of new proce- of the Court. The staff complement of the Court of dures and systems to accommodate the new criminal Appeal Registry has remained at seven officers together The Staff of the rules; improvement in file management and transfer with the two Masters. The work required of the staff, par- Court arrangements between the County Court and the Court ticularly regarding criminal appeals, is great in volume The staff of the Court have continued with their of Appeal registries has progressed to an extent and must and it is recognized that, collectively, their application dedication and support for the Judges of the Court. be continued. There has also been some improvement and dedication is remarkable and their performance is Each associate to Judges, the secretaries, tipstaves, in information provision to the registry by Associates to excellent. research assistants and the drivers/messengers have con- Judges of the Trial Division and of the County Court. It was previously reported that new Rules of Court tinued with their quiet service. As was noted in the pre- After the retirement of the first President of the for managing criminal appeals were made at the end of vious report, most of the secretaries, tipstaves and drivers Court of Appeal in July 2005, it is expected that the new the 2003-2004 year and commenced operation on 1 July and some of the associates have been with the Court President will have further development plans for the 2004. With the new rules applying only to appeals since its beginning. Their expertise which has developed registry for 2005-2006. lodged after that date, the benefits from these rules, over this time could easily be taken for granted. It whilst becoming recognizable during 2004-2005, have should be noted that their great contribution to the daily High Court Special not been fully assessed. Another year should confirm working of the Court is not taken for granted. Leave Applications their contribution to quicker disposal of criminal During the period July 2004 – June 2005 there appeals. It must be noted that the considerable amount were 41 applications (25 civil and 16 criminal) filed in of extra work required by Registry staff to ensure that the the High Court which sought special leave to appeal new rules are observed has been done with the same from the Supreme Court of Victoria. staff complement as has been available in previous During that time the High Court decided 36 years. special leave applications from the Supreme Court of Victoria (23 civil and 13 criminal). Of these, 7 were granted (6 civil and 1 criminal), and 29 were refused (17 civil and 12 criminal). Some applications for special leave are, of course, still pending in the High Court. As well, during the year 2004–2005, the High Court of Australia delivered four judgments in matters which were on appeal from the Supreme Court of Victoria. All of these were dismissed.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 15 Trial Division: Civil

Judges in the Civil Division of the Trial Division • Miscellaneous – All other proceedings, Originating Process (Overall) hear and determine all civil cases involving large including special applications required by 2004–05 2003–04 claims, generally exceeding $200,000. The Division legislation that are not able to be categorised Proceedings Filed (Melbourne) Writs for trial by jury 362 374 comprises the Commercial and Equity Division and the by registry staff at the time of filing, enforce- Writs for trial by Judge alone 3,512 2,901 Common Law Division. The Principal Judge of the ment proceedings from the Magistrates’ Originating motions 767 751 Commercial and Equity Division for the period in review Court, appeals or reviews from the Corporations 999 1,265 Commercial List 141 97 was the Honourable Justice Byrne and the Principal Magistrates’ and County Courts, Victorian Miscellaneous* 533 653 Judge of the Common Law Division was the Honourable Civil and Administrative Tribunal, appeals Total 6,314 6,041 Proceedings Filed (Regional Registries) Justice Ashley. The Judicial Organisation Chart on page on questions of law, and transfers from Writs for trial by jury 13 24 12 sets out the Judges and Masters who assisted during Federal Courts and other State Courts. Writs for trial by Judge alone 95 137 Originating motions 18 18 the reporting period. The Commercial and Equity Division (page Miscellaneous* 18 9 When first filed, proceedings in the Civil Division 23–26) comprises the following specialist lists: Total 144 188 fall into one of four major groups: • Corporations List – Proceedings relating Circuit Proceedings by Location Ballarat 26 27 • Writs for Trial by Jury – Usually, proceed- specifically to relief sought under the Bendigo 24 15 ings relating to personal injury claims, and Corporations Law, including applications to Geelong 18 27 Hamilton 0 1 employment or motor car accidents where wind up companies that are insolvent, to set Horsham 7 8 the plaintiff requires trial by a Judge and aside statutory demands served on compa- Mildura 16 31 Sale 7 9 jury of six persons (including Major Torts nies that owe money, or to have directors of Shepparton 6 9 List proceedings). companies that have gone into liquidation Wangaratta 22 18 • Writs for Trial by Judge Alone – A wide publicly examined. Warrnambool 18 43 Total 144 188 variety of proceedings, including large debt • Commercial List – Proceedings that arise *Including enforcement proceedings, appeals/reviews claims, defaults in mortgage payments out of ordinary commercial transactions, and proceedings transferred to the Court. resulting in sales by mortgagees and actions including any proceeding relating to insur- for possession, claims for relief of breach of ance, banking or finance in which there is a contract, proceedings in the Admiralty List, question that has importance in trade or Building Cases List and Intellectual Property commerce. A Judge-controlled list, proceed- List, and personal injury claims where the ings can be either filed directly into this List plaintiff does not require the trial to be held or be subsequently admitted by order of a before a jury (including Major Torts List pro- Judge. ceedings). • Building Cases List – Proceedings are man- Types of Proceedings Filed (Melbourne) • Originating Motions – Provided for in aged by a Judge whose specialised knowledge —2003–04 to 2004–05 many Acts, among the range of proceedings in building and construction law enables the 4000

brought by originating motion are those real issues between the parties to be identi- 3500

relating to claims by beneficiaries or other fied so that procedures appropriate for their 3000 persons for further provision from deceased resolution may be devised and implemented 2500 estates, applications to remove caveats from within the framework of Supreme Court 2000 property titles or to remove or modify restric- practice. Cases that may be entered in the 1500 tive covenants. List are proceedings commenced by writ 1000 arising out of, or in any way concerning, a 500 building contract. 0 2004–05 2003–04

Writs for Trial by Jury Writs for Trial by Judge Alone Originating Motions Corporations Commercial List Misc.

16 Supreme Court of Victoria 2004–05 Judges’ Annual Report • Admiralty List – The List provides specialist Acquisition and Compensation Act 1986, General Trial List Activity

management of cases concerning maritime and by way of appeal (including the appli- 2004–05 2003–04 and associated disputes. It accepts proceed- cation for leave to appeal) or by way of Number of Proceedings At Start of Reporting Year 488 463 ings, which are brought to the Court pur- referral on a question of law from VCAT. Entered or Reinstated 520 573 suant to the Admiralty Act 1998 (Cwlth), Usually, proceedings are categorised under the Removed from the List 10 5 Finalised 489 528 and cases concerning loss of damage to a principal relief claimed, which may or may not be the Finalised during previous period ship or by a ship, or to goods carried by sea. principal or substantive head or relief sought (on the but noted in this period 4 15 Pending at 30 June 505 488 • Intellectual Property List – A Judge-con- claim or counterclaim) at the time the proceeding is Method of Disposition trolled List designed to manage proceedings ready for trial. Settled, Dismissed or Discontinued without Trial 288 306 regarding patents, trade marks, designs, EL Civil Cases Settled, Dismissed or Discontinued rights, copyrights and other related areas. after Trial Commenced 58 115 Overview Tried to Judgment 141 106 Proceedings may be commenced in relation Transferred to County, Magistrates’ Civil cases overall relate to all proceedings com- to an infringement or in order to determine or Federal Courts 2 1 menced in the Civil jurisdiction, including the com- Total 489 528 validity. Age of Proceedings Finalised bined statistics of the Commercial and Equity Division • Victorian Taxation Appeals List – (in Months) and Common Law Division. Statistics shown cover the From Commencement to Disposition: Proceedings in the List arise in the context Median 17.7 14.8 reporting period, comprising 1 July 2004 to 30 June of objections to an assessment, decision or 75th Percentile 27.9 27.1 2005. 90th Percentile 42.9 40.2 determination by the Commissioner for Mean 22.0 20.0 State Revenue with respect to liability for Originating From Entry to Disposition: Median 7.1 5.8 any tax, duty, levy, fee, charge or other Process – 75th Percentile 9.9 8.8 impost. Some proceedings are appeals on, Melbourne 90th Percentile 18.7 14.7 Mean 9.3 8.0 or referrals of, questions of law from the The number of originating proceedings filed at Types of Cases Pending (Personal Injury) Victorian Civil and Administrative Tribunal To be Heard by Jury: Melbourne during the reporting period totalled 6,314, Motor Vehicle 6 4 (VCAT). comprised as follows: Industrial 25 27 The Common Law Division (pages 27–28) com- Defamation 3 10 • 362 Writs for trial by jury Other 16 15 prises of the following specialist lists: • 3,512 Writs for trial by Judge alone To be Heard by Judge Alone: • Major Torts List – This List manages tort Motor Vehicle 11 9 • 767 Originating motions Industrial 1 0 litigation from the point of issue to referral • 999 Corporations Other 25 13 to the Civil List for fixing for trial. The Total 87 78 • 141 Commercial List Other Types of Cases Pending (Judge Alone) Judge-in-Charge presides over directions • 533 Miscellaneous Damages 68 74 hearings and most interlocutory applica- Debt 48 45 Originating Declaration 73 57 tions. The aim of the List is to ensure the Corporations 2 5 efficient and expeditious progress of matters Process – Regional Probate 92 86 Registries Appeals/Reviews 43 56 through the interlocutory stage of litigation. Possession 17 13 It also manages related proceedings with the The number of originating proceedings filed at Building Cases 3 2 Other 72 72 regional registries during the reporting period totalled aim of providing a unified approach to Total 418 410 resolving proceedings arising out of a single 144, comprised as follows: Age of Proceedings Pending (in Months) From Commencement to Entry: • 13 Writs for trial by jury event or raising common issues of law. Median 11.8 11.4 • Valuation Compensation and Planning • 95 Writs for trial by Judge alone 75th Percentile 22.3 20.7 90th Percentile 36.9 33.5 • 18 Originating motions List – The List manages proceedings relat- Mean 16.3 15.4 ing to valuation of land under the • 18 Miscellaneous From Entry to 30 June: Median 7.7 6.6 Valuation of Land Act 1960, compensation 75th Percentile 16.4 13.5 for resumption of land under the Land 90th Percentile 33.6 26.7 Mean 12.9 11.1

Supreme Court of Victoria 2004–05 Judges’ Annual Report 17 Trial Division: Civil

General Trial List – General Trial List: Number of Melbourne Proceedings – 2003–04 to 2004–05 600 The Listing Master of the Court enters proceedings ready to be heard in the General Trial List – the princi- 500 pal trial list of the Court at Melbourne. 400 Case Statistics 300 At the start of the reporting period on 1 July 2004, the number of proceedings totalled 488. The Listing 200 Master fixed 520 proceedings during the reporting period 100 and removed ten proceedings from the List. 0 The List finalised 489 proceedings during the 2004–05 2003–04 reporting period as follows: Pending at 1 July Entered or Reinstated • 288 settled, dismissed or discontinued with- Finalised Pending at 30 June out trial • 58 settled, dismissed or discontinued after trial commenced Long Cases List: Number of • 141 tried to judgment Proceedings – 2003–04 to 2004–05 • two transferred to County, Magistrates’ or 80 Federal Courts 70 In addition, the List noted 15 cases finalised dur- 60 ing the previous reporting period comprising 1 July 2003 50 to 30 June 2004. 40

The number of cases pending on 30 June 2005 30 totalled 505, compared with 488 pending on 30 June 20

2004. The types of cases pending involving claims for 10 damages arising out of personal injury included: 0 2004–05 2003–04 Cases to be heard by a jury: Pending at 1 July Entered or Reinstated • 6 motor vehicle Finalised Pending at 30 June • 25 industrial • three defamation • 16 other Listings – Regional Courts: Number of Cases to be heard by a Judge alone: Proceedings – 2003–04 to 2004–05 • 11 motor vehicle 100 • one industrial • 25 other 80

60

40

20

0 2004–05 2003–04

Pending at 1 July Entered Finalised Pending at 30 June

18 Supreme Court of Victoria 2004–05 Judges’ Annual Report Long Cases List Listing Information Long Cases List Activity Managed by the Listing Master, the Long Cases List – Regional Courts 2004–05 2003–04 Number of Proceedings comprises civil proceedings expected to exceed 12 sitting At the start of the reporting year on 1 July 2004, At Start of Reporting Year 56 53 days at trial. the number of proceedings awaiting trial for all Entered or Reinstated 34 33 Removed from the List 0 1 After the Listing Master exercises her discretion to Regional Courts totalled four and proceedings entered Finalised 22 29 enter the proceeding in the List, she sets a future trial totalled 104. Pending at 30 June 68 56 date, usually six to 12 months in advance, to give the The Regional Courts finalised 42 proceedings over Method of Disposition Settled, Dismissed or Discontinued parties sufficient time to prepare their cases for trial. In the reporting year, as follows: without Trial 15 20 addition, long lead times take into account the heavy • 24 Settled, dismissed or discontinued Settled, Dismissed or Discontinued after Start of Trial 2 7 commitments placed on the Court and the time and without trial Tried to Judgment 5 2 resources required to accommodate such lengthy trials. • 5 Settled, dismissed or discontinued with Total 22 29 Age of Proceedings Finalised (in Months) At the start of the reporting year, the number of trial From Commencement to Disposition: proceedings totalled 56 and the Listing Master entered • 2 Tried to judgment Median 44.8 37.4 34 proceedings during the reporting period. • 11 Other 75th Percentile 49.4 64.4 90th Percentile 66.6 81.8 The List finalised 22 proceedings during 2004–05 The number of cases pending on 30 June 2005 Mean 50.6 48.4 as follows: totalled 49, compared with four pending on 30 June From Entry to Disposition: Median 10.2 11.8 • 15 Settled, dismissed or discontinued with- 2004. 75th Percentile 16.6 16.7 out trial Of the 42 proceedings finalised, the majority of 90th Percentile 26.2 28.6 Mean 14.7 18.5 • 2 Settled, dismissed or discontinued after cases disposed of in Regional Courts occurred at: Age of Proceedings Pending (in Months) trial commenced • Ballarat – 15 proceedings by Judge alone From Commencement to Entry: • 5 Tried to judgment • Bendigo – five proceedings by Judge alone Median 26.3 25.7 75th Percentile 41.2 35.8 The number of cases pending on 30 June 2005 and one by Judge and jury 90th Percentile 54.2 54.2 totalled 68, compared with 56 pending on 30 June 2004. • Geelong – four proceedings by Judge alone Mean 29.5 30.2 From Entry to 30 June: • Mildura – two proceedings by Judge alone Median 14.2 11.1 • Wangaratta – seven proceedings by Judge 75th Percentile 28.5 27.8 90th Percentile 47.4 45.2 alone Mean 20.7 17.5 • Warrnambool – five proceedings by Judge alone and three by Judge and jury

Listing Information – Regional Courts

2004–05 2003–04 Number of Proceedings (All Regional Courts) Judge Alone: At Start of Reporting Year 4 14 Entered 87 9 Finalised 42 19 Pending at 30 June 49 4 Judge and Jury: At Start of Reporting Year 1 9 Entered 17 5 Finalised 4 13 Pending at 30 June 14 1 Method of Disposition Settled, Dismissed or Discontinued without Trial 24 12 Settled, Dismissed or Discontinued with Trial 5 17 Tried to Judgment 2 3 Other 11 0 Total 42 32

Supreme Court of Victoria 2004–05 Judges’ Annual Report 19 Trial Division: Commercial and Equity

To this division are allocated cases concerning Corporations List Corporations List Case Activity wills and probate, deceased estate matters, trust matters, Justice Mandie continued to serve as Judge in 2004–05 2003–04 Charities Act matters, commercial arbitration matters Number of Proceedings charge of the Corporations List. The Corporations List At Start of Reporting Year 252 212 and matters arising out of commercial transactions. deals with proceedings relating to relief sought under Filed 999 1,265 The objective of the CED is that it should handle all of Finalised 994 1,225 the Corporations Act 2001. The List is conducted on the the substantial commercial litigation in the State. Pending at 30 June 257 252 basis that applications, whether contested or otherwise, Types of Proceedings Filed There are within the CED six specialist lists to each of will be heard as soon as practically possible. It operates To Wind up Company 675 893 which is assigned a particular judge: Leave to Proceed 40 57 in a manner analogous to the Commercial List, with the Reinstate to Register 54 56 • Admiralty List (Justice Byrne) emphasis on expedition and a concentration on the Set Aside Statutory Demand 121 133 • Building Cases List (2004 – Justice Osborn) Other Relief 109 126 essential point at issue. Total 999 1,265 (2005 - Justice Habersberger) How We Manage Cases Method of Known Disposition • Commercial List (2004 – Justice Byrne) Granted 695 682 The Judge in charge controls the management of (2005 - Justice Dodds-Streeton) Dismissed 55 89 the List in liaison with the Masters assigned to the Struck out 3 11 • Corporations cases (Justice Mandie) Discontinued 235 413 Commercial and Equity Division. The Master deals with • Victorian Taxation Appeals List (Justice Adjourned Sine Die - 30 many applications filed in the List, in particular appli- Total 988 1,225 Hollingworth) Age of Proceedings Finalised (in Months) cations to wind up insolvent companies, to set aside • Intellectual Property List (Justice Harper) From Commencement to Disposition: statutory demands served on companies for debts and Median 1.6 1.5 Substantial cases in the CED which are not allo- 75th Percentile 2.1 2.3 concerning the conduct of public examinations of direc- cated to one of these specialist lists are, nonetheless, 90th Percentile 2.8 3.1 tors of companies that have gone into liquidation. The managed by a judge or master. Unfortunately, these Mean 1.9 2.1 ability of the Master to refer matters to the Judge and Types of Cases Pending management tasks, within the specialist lists and other- To Wind up Company 107 150 conversely the Judge to the Master facilitates flexibility in wise, mean that there is less judicial time available for Leave to Proceed 24 10 the List. Reinstate to Register 17 3 the trial of cases. Mediation has been another feature of Set Aside Statutory Demand 17 20 The Judge deals with a wide range of applications the case management process with the consequence that Other Relief 92 69 under the Corporations Act 2001, including applica- Total 257 252 the parties in upwards of 70% of mediated cases were Age of Proceedings Pending (in Months) tions concerning schemes of arrangement, for directions able to achieve settlement and thereby to relieve the par- Date of Entry to 30 June: (by a liquidator), for relief sought by shareholders or ties and the court of the burden of trial. Nevertheless, Median 4.4 1.2 directors on the basis of oppression and relating to void- 75th Percentile 13.3 5.6 the judges of the CED gave judgment in some 200 cases 90th Percentile 33.7 12.3 able transactions. The work varies from the unopposed in the reporting period. This represents about 4.5 judg- Mean 8.3 4.1 application, which may be attended with difficulty, to ments per week of the Court year. Many of these cases the heavier type of disputed litigation. required very long trial times and the preparation of Corporations List: Number of Case Statistics substantial judgments - much of this in the evening and Proceedings – 2003–04 to 2004–05 At the start of the reporting period on 1 July 2004, in the judges’ own time. 1500 The judges allocated to the CED during the report- the number of proceedings in the List totalled 252, ing period were Justice Byrne, Justice Harper, Justice 999 proceedings were entered into the List during the 1200 Hansen, Justice Mandie, Justice Habersberger, Justice reporting period and 994 proceedings were finalised 900 Dodds-Streeton, Justice Whelan, Justice Hargrave, Justice (892 by Master and 102 by Judge). The number of cases Hollingworth, the Senior Master, Master Kings and pending on 30 June 2005 totalled 257. 600 Master Evans.

300

0 2004–05 2003–04

Pending at 1 July Filed Finalised Pending at 30 June

20 Supreme Court of Victoria 2004–05 Judges’ Annual Report Trial Division: Commercial and Equity

Commercial List The commercial list judges undertook a survey of Commercial List Case Activity appearances in the list by female practitioners. The sur- There was significant growth in the number of 2004–05 2003–04 vey revealed approximately 11% of appearances were by Number of Proceedings cases over the period 1 July 2004-30 June 2005. The At start of reporting year 88 60 women. This low level of participation by women is a number of cases in the commercial list rose from 86 to Entered 166 125 matter of concern. Removed from the List 12 8 140 over this period, representing an increase of 63%. 1Based on the following figures supplied by the Finalised 100 88 Since 1 July 2003 the volume of commercial list cases Pending at 30 June 142 88 Prothonotary: has increased by 137%1. Method of Disposition • Status of list at 1 July 2003: 59 Settled, Dismissed or Discontinued The Commercial List continued to offer parties without Trial 79 72 • Total admissions for 1 July 2003 to 30 June intensive case management and timely hearing of dis- Settled, Dismissed or Discontinued 2004: 125 after Start of Trial 3 3 putes. The majority of cases were offered a fixed listing Dismissed at Trial 4 4 • Total disposals for 1 July 2003 to 30 June within three to four months (unless the parties desired Tried to Judgment 11 9 2004: 90 Judgment in default of otherwise), and the opportunity to be heard even earlier • Proceedings removed from list 1 July 2003 to Appearance or Defence 3 - where the parties agreed to prepare in advance and to be Total 100 88 30 June 2004: 8 placed on a “standby listing”. Parties to cases on 2004–05 2003–04 • Status of list at 1 July 2004: 88 %% “standby” are warned their case will be listed on a speci- Age of Proceedings Finalised (in Months) • Total admissions for 1 July 2004 to 30 June fied day if time becomes available due to the settlement From Entry to Disposition: 2005: 166 0-1 10.0 4.5 or adjournment of other cases. 1-3 24.0 24.0 • Total disposals for 1 July 2004 to 30 June Commercial List judgments were delivered expedi- 3-6 23.0 22.7 2005: 100 6-9 15.0 31.8 tiously for the reporting period 1 July 2004-30 June 9-12 13.0 6.8 • Proceedings removed from list from 1 July 2005. Almost all judgment for trials held during that 12-18 11.0 10.2 2004 to 30 June 2005: 12 period were delivered within 6 weeks - in one urgent 18+ 4.0 0.0 • Status of list at 1 July 2005: 142 Age of Proceedings Pending (in Months) case, within two days of trial. Date of Entry to 30 June: Practitioners were encouraged to take an active 0-1 12.0 13.6 1-3 22.0 13.6 part in their own case management. The Commercial 3-6 33.0 14.8 List website was updated to provide an easily accessible 6-9 24.0 20.5 9-12 9.0 19.3 reference source. Unnecessary appearances were obviated 12-18 23.0 12.5 by facilitating disposition of matters by consent and 18+ 18.0 5.7 dealing with matters on the papers.

Commercial List: Number of Proceedings – 2003–04 to 2004–05 200

150

100

50

0 2004–05 2003–04

Pending at 1 July Entered Finalised Pending at 30 June

Supreme Court of Victoria 2004–05 Judges’ Annual Report 21 Building Cases List Admiralty List Building Cases List Case Activity The Principal Judge of the Building Cases List The Admiralty List is a list of civil cases which are 2004–05 2003–04 Number of Proceedings from 1 July 2004 until 31 December 2004 was the brought under the Admiralty Act 1998 (Cwlth) or At Start of Reporting Year 42 36 Honourable Justice Osborn. The Principal Judge of the which otherwise concern maritime commercial activi- Entered into the List 23 11 Finalised 6 4 Building Cases List from 1 January 2005 until 30 June ties. The Principal Judge of the List and the Judge in Set Down for Trial 11 1 2005 was the Honourable Justice Habersberger. Admiralty during the reporting period was the Pending at 30 June 48 42 The Building Cases List comprises cases involving Honourable Justice Byrne. building or engineering works of any description. This The admiralty jurisdiction of the Court is one dat- encompasses the: ing back to its establishment in the mid nineteenth cen- Building Cases List: Number of • design or carrying out of building works; tury. It is, in terms of the number of cases, a modest Proceedings – 2003–04 to 2004–05 • supervision or inspection of construction; part of the work of the Division, but it is seen as an 50 and important part of the judicial service which the Court 40 • performance by an architect, designer, engi- offers to the commercial community.

neer, quantity surveyor or other expert of The Judge in Admiralty meets from time to time 30 work related to building works. with an Admiralty List Users Group representing legal How We Manage Cases practitioners and insurance interests, which discusses 20 The List is managed principally by directions matters of interest and advises the Judge as to improve- 10 given at approximately monthly Building Case ments in the conduct of the List. Directions days. Alternative listing arrangements are How We Manage Cases 0 2004–05 2003–04 accommodated where necessary. Cases in the List are both managed and tried by Pending at 1 July Entered Finalised Many building cases are capable of being settled the Principal Judge of the List. Management of cases is Pending at 30 June out of court. The parties are encouraged to explore achieved by listing the cases for directions as and when mediation, even at an early stage, and to produce joint required. A characteristic of the management of cases Admiralty List Case Activity reports of experts where appropriate in order to resolve in the List is the respect which is accorded to the special 2004–05 2003–04 the issues between them. difficulties of parties and their practitioners who must Number of Proceedings A number of substantial building cases were com- prepare their cases. These include the difficulty of At Start of Reporting Year 4 3 Entered into the List 4 5 menced during the reporting period. obtaining in a short time frame instructions from wit- Finalised 1 4 Cases Statistics nesses who are often mariners in distant ports or Pending at 30 June 7 4 As at 1 July 2004 there were 42 matters in the List. between ports and from clients who may be insurers or During the period 1 July 2004 to 30 June 2004, 23 cases groups of insurers in other countries. This means that the Judge does not subject them to the strict time pres- entered the List, six cases were disposed of and 11 mat- Admiralty List: Number of sures which are expected of parties in other managed ters were set down for trial. The number of cases pend- Proceedings – 2003–04 to 2004–05 lists. ing on 30 June 2005 was 48. 8

Case Statistics 7

At the start of the reporting period, the number of 6 proceedings in the List totalled four. During the period, 5 four further proceedings were entered into the List and 4 one was finalised. The number of cases pending as at 3 30 June 2005 was seven. 2

1

0 2004–05 2003–04

Pending at 1 July Entered Finalised Pending at 30 June

22 Supreme Court of Victoria 2004–05 Judges’ Annual Report Trial Division: Commercial and Equity

Intellectual hears and determines proceedings arising in the context Intellectual Property List Case Activity Property List of objections to an assessment, decision or determina- 2004–05 2003–04 tion by the Commissioner for State Revenue in respect of Number of Proceedings The Intellectual Property List, headed by the At Start of Reporting Year 6 9 liability for any tax, duty, levy, fee, charge or other Honourable Justice Harper, hears and determines cases Entered into the List 4 5 impost. Proceedings fall into the following categories: Finalised 2 8 involving claims for breach of copyright, trade marks, • objections to a decision of the Commissioner Pending at 30 June 8 6 designs, and for infringement of patents, as well as cases of State Revenue, which the objector has involving misuse of confidential information. requested to be treated as an appeal to the How We Manage Cases Court; Intellectual Property List: Number of Parties may elect to enter the List when commenc- Proceedings – 2003–04 to 2004–05 • appeals on a question of law (including the ing proceedings or may be referred to the List by a Judge 10 application for leave to appeal) from an or a Master. At any time a case may be removed from Order of the Victorian Civil and 8 the List. Administrative Tribunal upon an objection; A summons for directions is issued and heard as and 6 soon as practicable before the Judge in charge of the • referrals of questions of law from the List. There are no fixed directions days; instead direc- 4 Victorian Civil and Administrative Tribunal tions are listed on a case-by-case basis in accordance arising in the review of a decision of the 2 with the convenience of the parties and the Court. Commissioner of State Revenue on an Thereafter the Judge manages each case in the List in objection. 0 accordance with its degree of complexity and to ensure 2004–05 2003–04 How We Manage Cases that it is ready for hearing at the earliest possible time. Pending 1 July Entered Finalised The Principal Judge of the List heard all sum- Pending at 30 June This process may include the hearing and determina- monses for directions, interlocutory applications and tion of interlocutory applications to amend pleadings, most of the trials of the proceedings. Directions days are and for further discovery and security for costs. Often ordinarily held on the last Friday of each month, com- Victorian Taxation Appeals List Case Activity proceedings in the List are the subject of applications for mencing at 9.30am. On those days, the Judge heard 2004–05 2003–04 orders freezing assets (Mareva injunctions) or for search Number of Proceedings applications for directions, applications for entry into orders (Anton Piller orders). Generally, a directions At Start of Reporting Period 27 9 the List and applications for leave to appeal. Entered into the List 11 28 hearing will be held shortly before trial to ensure that Finalised 15 10 the parties are ready, that the issues are clear and that Case Statistics Pending at End of Reporting Period 23 27 the trial runs smoothly and within the time limits At the start of the reporting period on 1 July 2004, allowed. Wherever possible, the Judge is the trial Judge. the number of proceedings waiting to be heard was 27. However, there is a general policy that cases in the List 11 proceedings were entered into the List during the Victorian Taxation Apeals: Number of be referred to mediation before a trial date is fixed. reporting period and the List finalised 15 proceedings. Proceedings – 2003–04 to 2004–05 30 Case Statistics The number of cases pending on 30 June 2005 totalled 23, compared with the 27 cases pending on 30 June 2004. At the start of the reporting period on 1 July 2004, 25 Every effort was made to hear matters in a timely the number of proceedings in the List totalled six. Four fashion to ensure that the length of time taken to resolve 20 proceedings entered the List during the reporting period taxation matters remained as short as possible. The and two proceedings were finalised. The number of 15 number of matters finalised was very similar to the pre- cases pending on 30 June 2005 totalled eight, compared 10 vious financial year. The procedures adopted in the List with six cases pending on 30 June 2004. are well suited to the nature of matters dealt with and 5 Victorian Taxation continued to facilitate timely and efficient determina- 0 2004–05 2003–04 Appeals List tions. For the period 1 July 2004 to 30 June 2005, the Pending at 1 July Entered Finalised Pending at 30 June Honourable Justice Hollingworth was the Principal Judge of the Victorian Taxation Appeals List. The List

Supreme Court of Victoria 2004–05 Judges’ Annual Report 23 Trial Division: Common Law

The Common Law Division hears and determines larly personal injury cases. Many of the cases were • The Gunns proceeding was commenced. matters relating to a wide range of common law pro- heard by judge and jury. Unfortunately over the past • The deep vein thrombosis litigation was ceedings in the fields of tort, contract, securities and the few years the work in the circuit towns has dried up. finally resolved. like, but in addition hears applications for leave under There appears to be a number of reasons for this • The Melbourne/Voyager litigation proceeded the Crimes (Mental Impairment and Unfitness to be change. The unlimited jurisdiction of the County Court so far as was possible. Tried) Act 1997 brought by persons subject to custodial in personal injury cases, the insurance law reforms and The Gunns proceeding is a major piece of litiga- orders, judicial review of the decision-making processes the fact that country practitioners prefer to have their tion in which the plaintiff, a principal participant in the of the various statutory courts, tribunals and adminis- cases heard in Melbourne have all had an impact on timber industry in Tasmania, is suing individuals and trative bodies, and appeals from both the Magistrates’ circuit work. However the Court has said in the past and organisations alleging that it has suffered loss and dam- Court and VCAT. emphasises, that the Court is available to sit in circuit age by reason of the individual protest actions of the Judges who sat regularly in the Common Law towns to hear civil litigation. The Court encourages defendants and alleged conspiracies to cause it injury. Division in the reporting period were Justices Smith, country practitioners to bring proceedings in the Court The proceeding is being managed by Bongiorno J. Ashley, Gillard, Bongiorno, Osborn, Williams and Kaye. which are of substance and complexity. More often than The deep vein thrombosis litigation, in which The principal judge of the division until 21 June not, cases can be heard earlier in the country than in many individual plaintiffs (in excess of 500) brought 2005 was Ashley J. On the latter’s appointment to the Melbourne. claims against airlines and CASA resulted in success by Court of Appeal, Gillard J was appointed principal judge. The workload is increasing. Cases take longer now the airlines. This occurred in the latter part of 2005. Those judges who were assigned to the Common than in the past. Settlements once a trial commences The decision of the High Court (2005) 79 ALJR 1215 Law Division on occasions sat outside the Division. Two are now less common because the mediation process upheld the Court of Appeal’s decision that claims judges of the Trial Division – including Common Law usually clears the settlable cases and leaves the real dis- against airlines were untenable. This left the claims Division judges – sat on the Court of Appeal in each putes for contest. Judgment writing takes time and com- against CASA and recently these proceedings were com- term. In addition, judges sat in other Divisions of the petes with the constant demand on a judge to be avail- promised. Trial Division to hear particular cases, for all or part of a able to hear the next case. The demands on a judge in The Melbourne/Voyager litigation arising out of term. Whilst rotations of these kinds have desirable fea- the Trial Division are constant. This Court has always the collision of two naval vessels more than 40 years ago tures, the first of them increased the burden for judges been the only court in this State supervising the deci- continues to provide the Court with a significant prob- sitting in the Common Law Division. In addition, over sions made by the lower statutory courts, tribunals and lem. The remaining 50 or so claims are pursued by for- the past year, up to eight judges sat each term in crime. administrative bodies and this work continues to mer crewmen on the Melbourne. In almost all cases, This involved some members of the Division spending a increase. The Court is the only “Common Law” court psychiatric injury is alleged. Experience shows that sig- term in crime which also increased the burden on the within the State with unlimited jurisdiction. It exercises nificant factual issues are involved. In addition, in other judges. a very important and ancient judicial review jurisdic- almost all cases, the Commonwealth as defendant has Notwithstanding the heavy burden on the tion, supervising the decision making process of statuto- pleaded limitation defences. The cases have not been resources of the Division, the Division was able to give a ry and other bodies which affect the rights of individu- compromised. The plaintiffs are now elderly men. The hearing to every matter listed before it in the reporting als. It has always dealt with appeals from the Court listed a number of cases for trial in the reporting period; that is, there was a judge available to hear every Magistrates’ Court and with the advent of the increase in period. Several cases ended up being tried in a way matter which was listed for hearing and which was jurisdiction, the number of appeals is increasing. The which required resolution of different aspects of the lim- ready to be heard. Court also deals with appeals from VCAT. The personal itation defences. These decisions were appealed. In Members of the Division each took their turn to sit injury work in the Court has diminished. The Court has addition, the High Court of Australia has granted special in the Practice Court. The usual period was for two had meetings with practitioners from the Bar and the leave to appeal from a Court of Appeal decision concern- weeks. The Practice Court in the main deals with mat- Law Institute concerning personal injury litigation in ing s.5(1A) of the Limitation of Actions Act 1958 in ters of urgency, including injunction and bail applica- this Court. The Court is concerned to ensure that the respect to its application to post traumatic stress disor- tions, and is always very busy. bigger and more complex personal injury cases includ- der. Because of the uncertainty concerning the limita- The Division provided circuit judges as required. ing professional negligence cases be heard in this Court. tion defences, it would appear that many of these out- It is recognised within the Court that it is important that A comment should be made concerning the initia- standing claims will be delayed pending various the Supreme Court sits in the circuit towns throughout tion of one particular proceeding, and the progress of appeals. Victoria. In the past, judges sat up to one month in cir- two other proceedings. In the reporting period – Steps were taken to establish regular consultation cuit towns dealing with a variety of litigation, particu- between the Court and a personal injuries users’ group

24 Supreme Court of Victoria 2004–05 Judges’ Annual Report Trial Division: Common Law comprising representatives of both the Bar and the Law Most planning matters are dealt with by the Major Torts List Case Activity

Institute. The purpose of the consultative process is to Planning List of VCAT. There is with leave a right of 2004–05 2003–04 ensure that personal injury work is heard in the Court appeal to this Court on a question of law. The List prin- Number of Proceedings At Start of Reporting Year 637 633 expeditiously and as inexpensively as possible. cipally deals with appeals on questions of law, which are Entered into the List 151 51 The Major Torts List is managed by Bongiorno J. usually of short duration (1 – 2 days), and valuation Finalised or Referred to Listing Master 143 47 This list case manages major cases arising out of tor- and compensation cases, which are potentially lengthy. Pending at 30 June 645 637 tious conduct including defamation, personal injury Settlement is encouraged in the valuation cases by and professional negligence. The Judge in Charge mediation and the use of joint expert reports. These pro- makes orders ensuring that the interlocutory processes cedures have continued to achieve significant success Major Torts List: Number of Proceedings – 2003–04 to 2004–05 are undertaken as efficiently and as expeditiously as pos- during the period under report. 800 sible. In many cases a trial date is fixed early in this During the reporting period the following is a 700 process. Thought has been given to its continuation in summary of the matters dealt with in the List: 600 its present form. Much of the personal injury work has • Pending at 1.7.2004 - 24 gone to the County Court. The question arises whether • No. entered in the list - 19 500 judge time could be better utilised than managing the • No. Disposed of or referred to the Listing 400 List. Consideration is being given to providing list man- Master - 22 300 agement, particularly in tort claims, by a Master who • Pending at 30.6.2005 - 21 200 would be assigned to the task, and who would deal with Almost all claims in the List for damages or 100 most interlocutory steps but have the power to refer money due under a contract are referred to mediation. 0 2004–05 2003–04 more difficult interlocutory steps to a judge. Mediation produces a high rate of settlement and even Pending at 1 July Filed Finalised During the reporting period the following is a when settlement is not reached at a mediation, often the Pending at 30 June summary of the matters dealt with in the List: mediation process facilitates settlement at a later time. • Pending at 1.7.2004 - 637 Some of the mediations are conducted by officers of the Valuation, Compensation and Planning • No. entered in the list - 151 Court. The success rate is encouraging, and settlement List Case Activity • No. disposed of or referred to the Listing of the bulk of cases is necessary if this Court is to hear 2004–05 2003–04 Master - 143 and determine the balance expeditiously. Number of Proceedings At Start of Reporting Year 24 12 • Pending at 30.6.2005 - 645 Entered into the List 19 19 The bulk of the cases in the List during the report- Finalised or Referred to Listing Master 22 7 Pending at 30 June 21 24 ing period were the deep vein thrombosis cases which were subsequently finalised. In addition there are 50 or so claims remaining out of the Melbourne/Voyager colli- Valuation, Compensation and Planning sion. List: Number of Proceedings – The Listing Master, who does a wonderful job jug- 2003–04 to 2004–05 gling cases and ensuring the availability of judges in 30 cases which are anticipated to be long and complex, 25 allocates a judge early in the litigation to hear the case and manage the interlocutory steps. This procedure 20 works extremely well. 15 Justice Osborn was the Judge in Charge of the 10 Valuation, Compensation and Planning List, which is the second specialist list within the division. The cases 5 in that list involve valuation of land, compensation and 0 planning appeals, and also includes disputes involving 2004–05 2003–04 land use and environment protection. Pending at 1 July Entered Finalised Pending at 30 June

Supreme Court of Victoria 2004–05 Judges’ Annual Report 25 Trial Division: Criminal

Judges in the Criminal Division preside over all tri- The additional cases were seen to need experi- Criminal Case Statistics at a Glance als of murder and attempted murder and over other enced criminal trial judges, and not only for the trials. 2004–05 2003–04 selected complex criminal trials. As at 30 June 2005, the Those judges were needed to manage the pre-trial Criminal Trials (Melbourne) Trials 47 73 Judges in the Criminal Division comprised Justices processes, in several cases over a period of several Pleas of Guilty 50 22 Teague (Principal Judge), Cummins, Coldrey, Kellam months before the trials commenced. One (“the Salt Total 97 95 Criminal Trials (Circuit) and Redlich. Judges from other Divisions who presided nightclub trial”) was a murder trial involving eight Trials 9 8 over criminal trials for one or more terms during the accused. After months of pre-trial hearings, the trial Pleas of Guilty 3 1 Total 12 9 twelve months to 30 June 2005 were Justices Smith, began in January 2005, before Redlich J. Redlich J was Criminal Applications Filed Under: • Bail Act 1977 71 51 Harper, Bongiorno, Osborn, Kaye, Whelan, Hollingworth intensely focused on the one trial for more than twelve • Listening Devices Act 1969 163 135 and Bell. months. Management has been necessary as to several • Section 35 of Crimes (Mental Impairment and Unfitness to be The Supreme Court has always had a policy of major “police corruption” trials. Again after extensive Tried) Act 1997 1 - taking complex cases outside its exclusive jurisdiction, pre-trial hearings, two trials were to start in later 2005*. • Other Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 11 8 but in recent years has not had the resources to take as At least two more such trials are listed to be heard. That • Other Applications Filed* 169 20 many as would be desirable. Early in 2004, Melbourne has meant that two trial judges have each been, or will Total 415 214 *Figures include applications for witness protection, was the scene of a series of what have come to be tagged be, fully occupied for more than six months on pre-trial proceeds of crime, confiscation of profits, extension of in the media as “gangland killings”. The signs then hearings and the trials. Cummins J presided over the dif- time for filing presentment, change of venue of trial and extension of time for commencing rape trials. became obvious that the Criminal Division would be ficult Gatto trial. King J and other judges have had faced with an inordinately large number of murder tri- extensive pre-trial hearings as to other “gangland Nature of Criminal Applications— als arising out of those killings. At the same time, the killings” trials. They are likely to be the subject of exten- 2003–04 to 2004–05 results of police investigations into “police corruption“ sive comment in the next Annual Report. 200 came under notice. It became obvious that a number of ______other complex other trials would need to be accepted. *In January 2006, the jury before Kaye J returned a 150 Because of the substantial increase in both the number verdict. The jury could not agree in the other trial before Coldrey J. of criminal trials to be heard, and the complexity of the 100 trials, eight judges were assigned to sit in criminal trials as from the start of 2005. 50

0 2004–05 2003–04

Bail Act Listening Devices Act Crimes Act (Other) Crimes Act (S.35) Other Applications

As part of its support of major criminal trials, the Court established a secure second dock in Court 4, extending to the top of the public gallery. Modifications were made to enlarge the Court’s capacity to hold a number of accused and provide a secure dock for holding and segregating prisoners.

26 Supreme Court of Victoria 2004–05 Judges’ Annual Report Judges in the Division have also had to face two In the twelve months to 30 June 2005, the extremely complex trials under indictments filed by the Criminal Division has had to prepare for the impact of Commonwealth Director of Public Prosecutions. The the Major Crime (Investigative Powers) Act 2004 and hearing of one, involving allegations of very substantial allied legislation. Judges in the Division have consulted heroin importation involving the “Pong Su”, a ship with all of the interested office holders and other poten- from North Korea, was to start in July 2005. It will have tially interested parties to prepare the way for hearings taken well over twelve months to manage and hear, with that may be required urgently. multiple rulings required under the relatively new During the twelve months, a new regime was Commonwealth Criminal Code. The other introduced for the prompter and more efficient hearing Commonwealth trial involves charges of “terrorism”, of applications for bail. The Practice Note published as and will also make a heavy demand on scarce judicial to such applications was designed to assist both lawyers resources. The strains on the Criminal Division were for applicants and unrepresented applicants in a num- apparent with the numbers of outstanding matters ber of ways, including by increasing the prospect of a increasing from 49 as at 30 June 2004 to 69 as at 30 Judge from the Criminal Division hearing such applica- June 2005, with the signs then being of further increases. tions. Relieving the Judge in the Practice Court of hear- Other added problems as to courtrooms and secu- ing applications whenever possible was also seen as like- rity have had to be faced. That is partly as a result of ly to benefit parties in urgent commercial and other the increase in the number and complexity of the case- matters listed for hearing in the Practice Court. load. It is also because of the intelligence given as to the Despite the continuing pressure to sit on trials, need for much higher security than had existed in the Judges in the Criminal Division have participated to an past. Only six courtrooms in the main Supreme Court appropriate level in discussions aimed at amending the building are appropriate for criminal trials by a jury of Law and Procedure as to murder, sentencing and other twelve or more. For the Pong Su trial, Justice Kellam has criminal matters. Those discussions have included the had to sit in the County Court building. Security draft legislation as to Defences to Homicide, and propos- arrangements in the main Supreme Court building for als from the Sentencing Advisory Council as to matters other trials has had to be upgraded. That has meant like Suspended Sentences. making modifications to docks and jury boxes and oth- The greater use of technology to increase jury erwise in courtrooms, and by restricting access to corri- understanding of, and access to evidence, and to accel- dors, and facilitating the processes for heavily securing erate hearing times has been a feature of many recent several individual courtrooms at the one time. criminal trials, particularly the Pong Su trial. Videolinks are routinely established. Exhibits in DVD format are more readily accessible to lawyers, witnesses and jurors.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 27 Report of the Masters

The Masters of the Supreme Court hold judicial Statistics Masters’ Statistics office. Like the Judges, they sit in Court. The During the reporting period there has been some 2004–05 2003–04 Constitution Act 1975, section 75(2) provides that ‘the variation in numbers in the areas of Masters’ work in the Corporations 1,473 1,697 Court consists of the Judges of the Court and the Masters Trial Division. There was some decline in Corporations General 5,643 5,117 of the Court’. Thus, the members of the Court are the matters, due to compliance by the Deputy Commissioner Funds in Court 4,861 4,605 Judges and the Masters. Masters must be practitioners of of Taxation with a directive from Canberra effective Listing 538 1,059 the Court of not less than five years’ standing. throughout Australia that all ATO corporations proceed- Litigation Support Group 3,767 4,696 Like Judges, Masters are appointed by the Governor- ings be brought in the Federal Court. There was a marked Assessment of Costs 988 1,039 in-Council and have the same conditions of tenure and reduction in ‘listing’ applications, which may have been the same pension entitlements. The Masters carry out due to the success of mediations ordered before proceed- judicial functions in the civil jurisdiction of the Court ings are ready to be listed for trial. There was also some which would have to be performed by the Judges if there decline in the number of Litigation Support Group orders were no Masters. Thus, the Masters assist the Judges in due in part to the absence of Master Bruce after serious discharging the civil jurisdiction of the Court. surgery and to a practice of providing for simple adjourn- A detailed description of the history and signifi- ments administratively rather than by order. There was a cance of the six different offices of Master, referring also small reduction in assessments of costs also due to Master to their present incumbents, was given in the Annual Bruce’s illness. Notwithstanding the non-replacement of Report for the period ending 30 June 2004: see pages Master Wheeler there was an increase in the number of 26–27. general applications determined and an increase in Retirement Of Funds in Court orders made. Master Wheeler The statistics are shown in the table opposite. On 17 February 2005, after more than 14 years’ The Immediate Future service as a General Master, Master Wheeler retired upon Matters which will be dealt with in next year’s attaining his statutory retirement age. This was foreshad- Annual Report include: owed in the previous Annual Report: see page 28. • The appointment of Master Efthim on 18 Notwithstanding this Master Wheeler was not replaced in July 2005 to replace Master Wheeler. the balance of the reporting period. This placed consider- • Master Efthim’s replacing the Senior Master able strain on a number of Masters but particularly on as Corporations Master from 1 September Master Evans, the only other General Master with no spe- 2005. cialist duties, who bore the bulk of the work intended to be • The replacement of the Litigation Support done by two Masters. In the same period Master Evans was Group with the Civil Management List also presiding at the liquidator’s examinations of officers and from 1 September 2005. others in connection with the winding up of Melbourne • The effect of the Legal Profession Act 2004 University Student Union Inc (in liquidation). As to on the assessment of costs, particularly this and other matters he was assisted by Master Kings, lawyer/client costs. but the general effect of the failure to replace Master Having been appointed Taxing Master in 1973 and Wheeler was strain on the Masters and reduction in timely General Master in 1993, Master Bruce A.M. will reach his service to litigants. Such consequences can be avoided statutory age of retirement in early March 2006. only if replacements are appointed promptly upon the occurrence of predictable vacancies.

Master Bruce A.M. Master Bruce’s well deserved award has already been noted in this Report.

28 Supreme Court of Victoria 2004–05 Judges’ Annual Report Court Governance

Council of Judges The Rules Committee met on 18 occasions during the reporting period. As a result of its work the Council The Council of Judges is established under Section of Judges made the Rules of Court as described below: 28 of the Supreme Court Act 1986, which requires the • The Supreme Court (Chapter I Amendment Council to meet at least once each year to: No. 26) Rules 2004 amended the Principal • consider the operation of the Act and the Rules to provide for steps to be taken upon Rules; the change of name of a corporation, the • consider the workings of the offices of the procedure for appeals on questions of law Court and the arrangements relating to the and consents to judgments and orders by duties of the officers of the Court; and parties not in attendance. • inquire into and examine any defects that • The Supreme Court (Chapter II Amendment appear to exist in the system of procedure or No. 6) Rules 2004 amended the Principal the administration of the law in the Court Rules to provide for the appointment of and in any other court from which an Senior Counsel. appeal lies to the Court. • The Supreme Court (Chapter I Amendment The Council meets (where possible) at the end of No. 27) Rules 2004 amended the Principal each month and considers a wide range of policy and Rules to substitute Appendices A and B to the practice issues that affect the operations of the Court Principal Rules, which provide the scales of and the administration of justice generally. costs. Rules made by the Council of Judges are described • The Supreme Court (Chapter I Amendment below. No. 28) Rules 2004 amended the Principal Rules Committee Rules to provide for fixing dates for trials Under section 25 of the Supreme Court Act 1986, and related matters. the Judges of the Court have power to make Rules of the • The Supreme Court (Chapter VI Amendment Court with respect to a wide range of matters, including No. 6) Rules 2004 amended the Principal any matter relating to the practice and procedure of the Rules to provide for procedures to be fol- Court. In the first instance, the Council of Judges dele- lowed with respect to applications to a single gates the task of investigating the need for new or Judge of Appeal for leave to appeal against amended rules and drafting rules to the Rules sentence. Committee, which makes recommendations to the • The Supreme Court (Chapter VI Amendment Council of Judges for any rule changes. No. 7) Rules 2004 amended the Principal The members of the Rules committee as at Rules to accommodate amendments to the 30 June 2005 were as follows: Confiscation Act 1997 of Victoria and the • Judicial Members – Justice Buchanan enactment of the Proceeds of Crime Act (Chairman), Justice Nettle, Justice Harper, 2002 (Cwlth). Justice Kaye and Justice Dodds-Streeton • The Supreme Court (Chapter V Amendment • Appointed Members – Senior Master Mahony No. 1) Rules 2004 amended the Principal • Appointed by the Council of Judges – Mr N J Rules to reflect amendments made to the Williams QC harmonised corporation rules. • Nominated by the Bar Council – Mr N Mukhtar QC • Nominated by the Victorian Law Institute – Mr C Dale • Parliamentary Counsel Secretary – Ms Jayne Atkins

Supreme Court of Victoria 2004–05 Judges’ Annual Report 29 Activities of Committees

Costs Coordination • Mr Peter Shattock and Dr Philip Williams, Committee being two persons nominated by the Attorney-General; The Costs Coordination Committee was established • Mr Peter Murdoch QC and Mr Ariel in 1987 to coordinate and advise relevant courts regard- Weingart, being two persons nominated by ing applications relating to scales of costs. The the Legal Services Board; Committee’s objective is to ensure court system-wide • Ms Meg Gourlay, being a person nominated coherence in the scale of costs. by the Law Institute of Victoria; and The Committee met on one occasion during • Mr Nicholas Green QC, being a person nom- 2004–05. Its membership as at 30 June 2005 included: inated by the Victorian Bar. • Chief Justice Marilyn Warren, A. C. (Chair); • Chief Judge Michael Rozenes; Supreme Court • Chief Magistrate Ian Gray; Library Committee • Master Tom Bruce; The following appointments were made to the • Deputy Chief Magistrate Peter Lauritsen; Supreme Court Library Committee pursuant to the • Principal Registrar Ross Cook; Supreme Court Library Rules: • Senior Deputy Registrar Terry Kearney; • Judicial Members – Mr Justice Ormiston • the Attorney-General’s nominee Dr Philip (Chair) and Justices Teague, Byrne and Williams; Mandie; and • the Victorian Bar’s nominees Mr Michael • Appointed Members – Mr S McLeish, Ms M Shand QC and Ms Christine Harvey; and Sloss SC, Mr G R Gronow and Mr E Rodan • the Law Institute of Victoria’s nominees The Library Committee has several sub-commit- Ms Meg Gourlay and Ms Natalina Velardi. tees, including the: Executive • Finance Sub-Committee with members Committee Justice Teague (Chair), Justice Mandie, Mr S McLeish and Mr G R Gronow; and The Executive Committee was established to prin- • Books Sub-Committee with members Mr cipally deal with the strategic and operational matters of Justice Ormiston (Chair), Justices Nettle and the Court. This Committee generally meets a fortnight Byrne, Mr E Rodan, Mr S McLeish and Ms N prior to and after the meeting of the Council of Judges, McLaurin-Smith or more regularly as required. Judges serving on the Appointed by the Library Committee, the Committee are committed to ensuring the effective and Investment Committee manages the Library’s efficient management of the Court. Investment Fund and comprises Justice Mandie (Chair) Legal Costs and Justice Teague, Mr S E K Hulme QC, Mr P Kelly and Committee Mr D Williamson. The Legal Costs Committee is established by sec- In addition, the Supreme Court is represented on tion 3.4.25 of the Legal Profession Act 2004. Its mem- the Courts’ Libraries Committee. bers met on one occasion during 2004–05 to consider During the reporting period, some of the commit- Practitioner Remuneration Orders with respect to non- tee’s key initiatives included efforts to: litigious costs. • improve the Library’s financial position; The Committee’s membership as at 30 June 2005 • develop the Library’s collection; and included: • increase judicial access to electronic materi- • Chief Justice Marilyn Warren, A. C. (Chair); als.

30 Supreme Court of Victoria 2004–05 Judges’ Annual Report Judicial Administration

Judicial Employees absence of the Tipstaff. An Associate works closely with Tipstaves the Judge or Master as a personal assistant and As at 30 June 2005, the number of judicial The role of Tipstaff involves a wide range of tasks, researcher. The Associate must be appropriately accessi- employees totalled 72, compared with 72 as at 30 June reflecting the changing requirements of the courts and ble to practitioners and the public, while maintaining 2004. This total comprised 48 associates and 24 tip- their Judges. Primarily, the Tipstaff acts as a personal the Judge’s confidentiality. The work performed by the staves, described as follows: and confidential attendant to the assigned Judge, carry- Judges and Masters of the Court is often highly technical ing out tasks in accordance with the Judge’s directions. Associates and complex, involving large numbers of documents Generally, the duties of the Tipstaff involve two areas – Associates are Officers of the Court assigned to assist and months of pre-trial management, both in specialist court work and chambers work. In court, Tipstaves have Judges and Masters. As at 30 June 2005, Judges’ Associates lists and generally. Associates exercise commensurate key duties concerning witnesses and jurors and, in totalled 42 and Masters’ Associates totalled six. Many skills in document management and administration chambers, they maintain the Judge’s library and attend Associates are legally qualified or hold qualifications in and are expected to be computer literate. to a range of other needs. other disciplines. The duties of Judges’ Associates will dif- The Associate to the Judge sitting in the Practice One of the more significant changes to the fer in some respects to those performed by Masters’ Court is required to be on call 24 hours a day. Tipstaff’s duties in recent times has resulted from the Associates because of the differences in the work per- Additionally, Associates must accompany Judges on introduction of new technology in court proceedings. formed by Judges and Masters. However there are certain circuit, arraign prisoners, empanel juries and take their The regular use of these systems in the criminal courts duties that all Associates may be called upon to perform, verdicts. They are required to accept and maintain the and some civil courts has meant that Tipstaves undergo depending on the jurisdiction in which the Associate’s proper custody of all exhibits tendered during the course specific training. The fact that these new systems are Judge or Master sits and the type of case to be heard. of the trial, and preside at hearings where evidence is only located in some courts means they are not regularly Associates prepare and maintain paperwork, given by deposition. Judges’ Associates perform complex used by all Tipstaves. Consequently, training constitutes schedule and coordinate interlocutory hearings and, in legal research, assist the Judge by discussing legal argu- an ongoing requirement. the case of Judges’ Associates, liaise with the Listing ments and summarising evidence and authorities, and Master regarding trial dates, sit in court with the Judge help with drafting and proofreading judgments. Duties or Master, and liaise with other sections of the Court, the performed by individual Associates will vary. profession and the public. Masters’ Associates perform some of the duties undertaken by Tipstaves, while Judges’ Associates sometimes perform such duties in the

Justice Whelan (far right) presented the Victoria Law Foundation Legal Reporting Awards during Law Week 2005. The Court has a representative on the judging panel for this prestigious journalism award.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 31 The Court’s People

Organisational Key achievements for 2004–05 were as follows: Structure • Continued to implement the new VPS Structure, including a new classification The organisational chart below represents the structure and guidelines for judicial staff. administration of the Court. Headed by the Chief • Enhanced the Court’s Induction Program. Executive Officer, the administration provides services to • Reviewed the Court’s Occupational Health both the judiciary and the community. and Safety committee and policies. Chief Executive Officer • Provided key operational support to the Mr Fin McRae, BA, LLB (Hons) was appointed Chief Executive’s Office and the Court par- Chief Executive Officer of the Supreme Court in April ticularly with regard to recruitment and staff 2004. Mr McRae has extensive experience in the State mobility. and Federal Court systems. In his role, Mr McRae is Finance responsible for ensuring the smooth operation of the The Finance team has many responsibilities, administration of the Court. including ensuring that the Court complies with the Facilities and Security Management Financial Management Act 1994, providing financial Prothonotary/Principal Registrar Joseph Saltalamacchia. The Facilities and Security Management team information to judges and officers regarding spending ensures the safety of the judiciary and all visitors to the patterns, compiling medium-term financial plans to Court and maintains Court facilities. Headed by the facilitate court development and administering finan- Facilities and Security Manager the office is supported cial payments for court officers. Constituting the team by a number of staff members who work tirelessly to are a Finance Manager, Senior Finance Assistant and preserve the Court’s heritage facilities. Finance Assistant. Human Resources Juries Commissioner The Human Resources (HR) team provides a suite Jurors play an important role in the justice system of services, including personnel and payroll, recruitment in Victoria. The office of the Juries Commissioner aims and training, performance management, employee rela- to provide a representative group of citizens who, as tions, equal employment opportunity and occupational jurors, actively participate in the administration of the health and safety. The team aims to provide high quality criminal justice system. advice and assistance to judicial officers, senior man- agers and staff on a diverse range of employment and HR issues.

Court of Appeal Registry Manager Rob Schade.

Chief Executive Officer

Facilities and Human Court of Appeal Finance Security Judicial Staff Resources Registry Management

Supreme Court Program Juries Information Registry: Board of Office Commissioner Technology Prothonotary’s Examiners Office and Probate Office

32 Supreme Court of Victoria 2004–05 Judges’ Annual Report The Court’s People

Information Technology Judicial Support and Administrative The Information Technology team aim to imple- Program Office Staff Profile (Full-Time Staff Equivalent) – 2003–04 to 2004–05 ment new and current technology. E-trials are of signifi- In February 2005, the Program Office was estab- cant benefit to both the judiciary and the community. lished to support the Judiciary and the community and 2004–05 2003–04 Technology used in e-trials provides for electronic use of to deliver a higher standard of Court administration and Judicial Support Staff: • Associates and Researchers 45 46 documentation, which reduces time in lengthy trials, improved efficiencies across the Court. The Program • Tipstaves 31 26 since documents are electronically portrayed, saving Office delivers these objectives through the Court • Direct Support Staff 17.5 17.3 each party and the Judge having to search through large Development Program. The Court Development Sub-Total 93.5 89.3 Funds in Court Office 10.4 9.4 volumes of documents. Program was established to achieve several outcomes, Court Administration 69 73.2 Supreme Court Registries including: Board of Examiners 3.4 3.4 Juries Division 15 12.6 The office of the Prothonotary provides a valuable • modernising Court administration through Total 191.3 187.9 service to both the judiciary and the community. The improving processes, increasing staff capa- office is responsible for receiving all court and related bilities and providing contemporary admin- documents in civil and criminal proceedings in the Trial istrative structures to support the Judiciary.; Division, maintaining all court records including the and Roll of Barristers and Solicitors admitted to practise in • optimising resource use through business Victoria and ensuring that Court Files are arranged in case preparation, procurement practices, an appropriate manner for hearings. Additionally the financial analysis and strategic planning. Prothonotary provides assistance to the judiciary, The program comprises eight individual projects including drafting orders and being available after with specific timelines spanning two years from hours if required for coordinating urgent applications to February 2005 to February 2007. the Court. In assisting the community, the Some highlights of the Program Office during Prothonotary’s Office plays a key role in providing pro- 2004–05 included: cedural advice, dealing with applications to waive court • re-aligning key positions within the Office of fees, processing consent orders and conducting pre-trial the Chief Executive Officer, resulting in conferences and mediations. higher quality administrative outputs; The Office of the Registrar of Probates is responsi- • commencing the Supreme Court Registry ble for processing all common form grants of represen- Best Practices Review Project that will lead tation of deceased estates in Victoria and ensuring the to improved delivery of Registry services; secure custody of testamentary records and wills deposit- • commencing a public tender process to con- ed for safekeeping. In addition, this office assists appli- tract security services to improve the level of cants wishing to obtain probate or administration in security at the Court for the Judiciary, staff small estate matters. and visitors; Court of Appeal Registry • implementing an integrated and compre- hensive emergency procedures plan for the Staff of the Court of Appeal Registry act as a con- Court precinct to ensure protection of life duit between the Court of Appeal, the lower courts and and property in the event of an emergency; tribunals, the legal profession and litigants-in-person to and obtain documentation and information required for the • relocating the Office of the Chief Executive prompt preparation of files and listing of matters before Officer to a more cohesive and productive the Court. In addition, the Court of Appeal Registry staff work environment. receive and process new criminal and civil appeals and ensure that they conform with the legislation, Rules and Practice Notes specific to the Court of Appeal.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 33 Staff Profile Occupational As at 30 June 2005, the Court’s full-time staff Health and Safety equivalent figure totalled 191.3, including judicial During 2004–05, occupational health and safety support, administration and registry staff. The table remained at the forefront of the Court’s Strategic Plan in opposite provides a breakdown of staff numbers. creating a challenging, safe and supportive work envi- ronment for all Judges, Masters, Court staff and visitors. Employee Relations Within this context the Court continued to identify and The Victorian Public Service (VPS) Career document risks and associated remedial strategies. Structure applies to all areas of the Department of With the introduction of the Occupational Health Justice, including the Court. and Safety Act 2004, the Court strengthened its commit- The structure is designed to: ment to proactively address Occupational Health and • foster career development and job growth; Safety issues. • provide greater accountability and consis- tency; and Training and • achieve a professional, responsive and Development flexible Public Service. In identifying individual and unit needs, we The VPS structure comprises six grade classifica- undertook training and development during the report- tions (plus a seventh Senior Technical Specialist grade) ing year and staff attended a range of training courses where the grades do not overlap with a hierarchy of jobs. including: The grades include value ranges and career progression • Performance Management Program for through these value ranges is based on meeting specific Managers; and progression criteria. The criteria include learning, • Bullying and Workplace Harassment for staff professionalism and performance. and managers. The Performance Management and Progression Plans (PMPP) system operates by way of a consultative Regional Court process between the staff member and his or her super- Jury Keepers visor/manager. During 2004–05, a number of temporary positions The system aims to clearly outline the work to be held by regional jury keepers were converted to Victorian completed over a performance cycle, provide tangible Public Service positions. Consequently, Regional jury guidance to staff on conduct and values, and facilitate a keepers are formally employed as either permanent full- comprehensive learning and development strategy that time, part-time or casual employees, reflected by an supports current and future job and career needs. increase of 3.2 equivalent full-time staff.

Equal Employment Opportunity The Court is an equal employment opportunity employer. We are committed to selecting the best appli- cants based on merit and equity principles. During 2004–05, we updated staff on current issues and devel- opments with regard to harassment and discrimination issues within the workplace by conducting seminars, workshops and circulating relevant literature.

34 Supreme Court of Victoria 2004–05 Judges’ Annual Report Service Delivery

Principal Registry The procedure provided by Rule 42.10 has contin- Facilities Management Expenditure ued to be popular with the profession. The use of this The Principal Registry of the Court at Melbourne 2004–05 2003–04 procedure continues to place a heavy workload on staff. $$ comprises the Prothonotary’s Office and the Office of the Maintenance and Repairs During 2004–05, staff continued to manually file Registrar of Probates. The Principal Registry provides • Essential Services (air-con, documents, which they received by courier, mail or per- lifts, fire services and plant) 60,958.17 64,999.11 services to the judiciary, the legal profession and mem- sonal delivery. Registry staff date and time stamp docu- • Security Systems and bers of the public. Eleven circuit courts provide registry Communications 28,496.85 85,140.67 ments, then process and place them on file. In most services at Ballarat, Bendigo, Geelong, Hamilton, • Utilities (electrical, plumbing, cases and where possible, staff immediately process doc- sewer and gas) 45,375.52 68,632.73 Horsham, Mildura, Sale, Shepparton, Wangaratta, • Finishes, Fittings and Furniture 48,899.89 86,525.97 uments requiring specific action, such as originating Warrnambool and Wodonga. The registries at these • Architectural and Site Works 575.00 12,914.90 processes, applications, judgments and warrants. During Sub-total 184, 305.43 318,213.38 courts are multi-jurisdictional and include the County Capital 32,732.79 39,673.91 the reporting year, staff of the Prothonotary’s Office Court, Magistrates’ Court and the Victorian Civil and Major Trials Security Upgrade processed a high volume of documents, including (Treasurer’s Advance) 349,000.00 - Administrative Tribunal. Subpoenas for Production to Prothonotary. Total 654,493.24 357,887.29 Prothonotary’s Office The Prothonotary’s Office is responsible for the Major Activities and Initiatives administration of Supreme Court business and all Throughout the financial year a number of key aspects of proceedings and appeals falling within the changes were implemented to improve efficiency within jurisdiction of the Trial Division of the Court. As the the Registry. During this period, the Prothonotary’s Office central repository for all Court files within the Trial achieved the following major activities and initiatives. Division, the Prothonotary’s Office efficiently processes During October 2004 approval was sought and an extensive amount of documentation generated by granted for the appointment of five ongoing team man- Court users. agers to be responsible for managing staff within their Staff of the Prothonotary’s Office carry out a wide respective teams, identifying continuous improvement range of administrative tasks, including: initiatives and implementing change. Four candidates • issuing writs, originating motions and sum- were selected in November 2004 and commenced their monses; employment in late February 2005. The first initiative • providing advice and support to Judicial identified by the new group was to reorganise the staff of Officers and the Chief Executive Officer in the Registry into functional teams to deal with the main relation to all administrative aspects of the stages of Court proceedings. The four teams are Counter, Court; Case-management, Listings and Probate, which com- • dealing with the admission process of barris- menced operation on Easter Tuesday. This initiative ters and solicitors and the appointment of improved the processing of documents ensuring docu- Public Notaries for Victoria; ments were placed on file or actioned more efficiently. • assisting all Court users, including unrepre- In November 2004 the Registry Orientation sented litigants with Court procedure; and Program was introduced aimed at gaining a better • managing documents produced under sub- understanding of the ways in which Registry staff can poenas pursuant to Rule 42.10 of the assist Associates in their day-to-day work and to improve Supreme Court (General Civil Procedure) channels of communication. Judges’ Associates met with Rules (Subpoena for Production to Registry staff over a number of sessions. Prothonotary).

Supreme Court of Victoria 2004–05 Judges’ Annual Report 35 In December 2004, the Court received funding to Practice Court Customer Service improve the efficiency of the Registry computer systems. As one of the major interfaces between Judges’ The Prothonotary’s Office continued to provide a Under the direction of Vivienne Thompson, the Supreme Associates and the Registry, the Practice Court provides high standard of customer service, issuing and process- Court Automated Listing Information System (SCALIS) access to the Court for the public, handling urgent ing the vast majority of documentation upon its receipt was upgraded to create a new and improved version by applications 24 hours a day, 365 days a year. In addition in the Registry. To monitor performance levels, the consolidating the remaining registry applications. In the Prothonotary assists in handling urgent applications Court’s Principal Registry periodically conducts July 2005 the upgraded version of SCALIS was put into if required. Currently, Judges rotate on a fortnightly basis customer surveys. In the last survey, customers were production. As a result the Court was able to retire its within the Practice Court. This practice has highlighted invited to rate the service of the Prothonotary’s Office in Courts Automated Records Management System the need for effective communication and the establish- key aspects of Registry services, namely: counter service, (CARMS), Litigation Support Group (LSG) and Council ment of effective listing protocols. During the next telephone assistance and other Registry services, such as of Australian Governments (COAG) databases. COAG was financial year, we will consider these changes and new correspondence and website content. an Access database that recorded all Court business for protocols to achieve further improvements and a more In percentage terms, the results were as follows: the purpose of annual comparison and reporting, on a streamlined process. 2004–05 2003–04 national level, to the Productivity Commission. CARMS Pre-Trial Conferences and Mediations %% was an enhanced, off-the-shelf database used to record Counter – Excellent 13 29 An important role of the Prothonotary’s Office all initial case information and track the movement and Very Good 49 51 involves holding pre-trial conferences and mediations, Satisfactory 37 - history of a Court file. The LSG database was also an giving parties an opportunity to resolve matters and set- Poor 1 - Access database designed to manage all Writ matters tle disputes prior to hearing and avoid a costly litigation Telephone – Excellent 8 15 and regional files before the fixing of a trial date. process. The conferences assist parties either to settle the Very Good 45 67 SCALIS manages all of these functions in a single matter or narrow down the contentious issues with the Satisfactory 45 - database, paving the way for the future introduction of Poor 2 - aim of minimising costs, reducing time in Court and the ICMS (Integrated Court Management System). Other Services – Excellent 12 improving Court performance. Often, pre-trial hearings In May 2005, a Best Practice Review was commis- Very Good 48 resolve the matter, avoiding the need for a trial. Satisfactory 38 sioned and is due to be completed in June 2006. The Subpoena for Production to Prothonotary Poor 2 review involves mapping the Court’s processes, identify- Subpoena for Production to Prothonotary figures The results for the Registrar of Probates were ing current performance measures and delivering a best for 2004–05 compared with 2003–04 are as follows: similarly strong. practice model for the Registry and the Court. Registry Staff Acknowledgments Registry Staff were involved in a number of activi- 2004–05 2003–04 Senior Deputy Prothonotary Mary-Louise Brien ties and committees, delivering presentations to practi- Subpoenas filed 1,082 985 served as acting Prothonotary from May to September tioners and their staff and conducting information ses- Objections received 108 79 2004. During this time, Mary-Louise was involved in a sions in relation to the new Court Administrators’ Course. Objections dealt with by the Court 89 83 Inspections held 599 469 number of important reviews and committees on behalf Additionally, applications to remove documents of the Registry and the Court. Mary-Louise played an from the Prothonotary’s custody totalled 72, of which 69 integral role on the Curriculum Planning Committee of were granted and three refused. This result compares with the proposed Court Administrators’ qualification, which a total of 31 applications in 2003–04, of which 27 were replaced the Clerk of Court qualification in March 2005. granted and four refused. The new course will open up opportunities for all Court staff in Victoria to achieve a recognised qualification accepted across all Courts. Also Mary-Louise was instru- mental in the successful implementation of the Registry Orientation Program for new Judges’ Associates. The Prothonotary thanks Mary-Louise for her excellent work and continued support and assistance during this very busy period.

36 Supreme Court of Victoria 2004–05 Judges’ Annual Report Service Delivery

Importantly, the Prothonotary’s Office commends Collectively Probate staff members are proud of Probate Users Committee Vivienne Thompson for her tireless work in ensuring the the substantial contribution they make, not only to the The Committee met on four occasions during success of the important project to create an upgraded objectives of the Court but also to the proper administra- 2004–05 and its membership comprised Justice Harper version of SCALIS within the set timeframes. tion of State laws relating to wills and estates. (Chair), Registrar Michael Halpin, Deputy Registrar In December 2004, a number of Registry staff were As its core functions, the Probate Office: Keith Dunkley, and representatives of the Victorian Bar, recognised for their outstanding efforts and awarded the • grants representation of deceased estates in the Law Institute, Trustee Companies, and non-legally following Chief Justice Awards: Victoria; qualified persons who provide a probate service to • Service Delivery/Ideas and • provides a Small Estates service to members clients. Although the Committee primarily is not a body Improvements: Mary-Louise Brien of the public; and concerned with law reform, it is interested in identifying • Quiet Achiever: Allan Watson • acts as custodian for all testamentary docu- those aspects of the relevant law that do not appear to • New Starter: Tom Bradley and Erin Liston ments, including Deposited Wills. the Committee to be working as well as they might. • Group Award for Community Although not part of its core activities, on behalf of Hence the Committee made several submissions to the Spirit: Nathan Agius, John Bennett, the Registry, the Office fields all enquiries relating to Attorney-General during the reporting period. Melissa Biram, Olivia Collard and Jo Galliot inspection of divorce records held by the Court. The Submissions included efforts to reform the law of Finally, after an exemplary career spanning nearly records generate many enquiries and applications Testators Family Maintenance, the paternity provisions 30 years, Brian Shiels retired from the position of Registry (150–200 annually) from persons seeking information in the Status of Children Act 1974 and the statutory Officer. Brian was a hardworking and well respected regarding divorces prior to 1975. formula of intestate distribution. member of the Court who was always willing to assist Probate Proceedings Initiatives Launched where required and who will be sadly missed at the Court. During 2004–05 the Office experienced a very During 2004–05 the Office published a useful Everyone thanked him for his considerable effort over the busy year with probate proceedings growing in numbers guide containing frequently asked questions and years and wished him well in his retirement. and complexity. Particularly evident were proceedings answers about wills and estates. The guide was distrib- Throughout the financial year, staff within the involving ‘informal wills’ (totalling 45 applications) uted to more than 400 legal firms and is available on Registry maintained a high work ethic and level of pro- and applications by ‘domestic partners’ in intestate the Court’s website. fessionalism. The staff worked under increased pressure estates (totalling 41 applications). The Registrar made As foreshadowed in the Court’s previous Annual without additional resources, due to a shortage of expe- 15,403 orders granting representation. Proceedings were Report the Court is moving to facilitate online Probate rienced staff, at all levels. The Prothonotary congratu- filed at a monthly average of 1,283. The most common advertisements by way of the Court’s website, replacing lates all Registry staff for their professionalism and out- form of grant was Probate, totalling 13,942 orders. newspapers as the medium of advertising Probate standing level of work achieved throughout what has Other categories of grant comprised: notices. Detailed functional specifications for the website been a busy and difficult time. • 977 Administration Upon Intestacy; were completed and released to the market in June 2005. Probate Office • 325 Administration with the Will Annexed; It is anticipated the system will be built by early 2006. The Supreme Court has exclusive jurisdiction to • 72 Reseals of Foreign Grants; and The Court identified the following benefits: make orders in relation to the validity of a will of a • 87 other miscellaneous grants, including • The single authoritative site will be search- deceased person, the appointment of an executor or an Limited Grants. able free of charge by any person anywhere administrator, and the administration of deceased The number of applications for grants filed by in the world 24 hours a day, 365 days a year. estates. source included: • A sophisticated range of search facilities will The Probate Office deals with all applications for • 14,032 by practitioners; be available that will enable searches to be common form grants of Probate and Administration. As • 506 by State Trustees; and conducted using parameters such as nomi- head of the Office, the Registrar of Probates is invested • 865 by unrepresented litigants. nated time frame, place of residence of with jurisdiction in all non-contentious probate matters, The Office continued to dispatch Grants of Probate deceased, phonetic searches with ranked but in unusually complex matters the Registrar may and Administration in five working days for all applica- matches and known names linked to the refer the proceeding to a Judge. tions filed in proper form. This result has been main- correct legal name to facilitate search tained for a number of years and compares favourably matching. with interstate jurisdictions, especially in view of the vol- ume of applications filed and the available resources.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 37 • For the first time practitioners, trustee com- the heritage nature of the buildings. The Court’s com- Major Trials Security Upgrade panies, citizens and the Court will be able to munications infrastructure was also upgraded to take During 2004–05, capital funds were made avail- instantly confirm the placement of the advantage of the new cabling as well as ready the Court able by treasurer’s advance to improve security in court- required advertisement. for future Voice over Internet Protocol (VoIP) implemen- rooms, the cells and the building surrounds for the safe • The facility will reduce the cost of placing tations. running of major criminal trials. The major works and confirming the placement of such Ringtail/Livenote carried out included: advertisements. The Court deployed the infrastructure to support • construction of a 15-person jury box in Draft amendments to the Probate Rules have electronic trials (eTrials) for ‘major trials’. The eTrials Court 3; been prepared in anticipation of implementation of this are expected to take place during the next financial year • construction of an eight-person security initiative and will provide the Court with the ability to pilot new screened dock in Court 3; Administrative Review technologies. The eTrials will form the basis of the • construction of a high security dock in The Probate Office is currently undergoing an Court’s capacity to provide ongoing eTrials. Court 4; • installation of security screens and safety administrative review, the ultimate aim of which is the Victorian Office Telephony Service barriers in Court 3 and 4 galleries; introduction of best practice procedures. The ongoing The Courts PABX was upgraded during the report- • fit out of two additional judges chambers; review has received strong support from staff. While the ing period, providing the Court with a state-of-the-art • enhancements to CCTV and other security Office provides the Australian standard for prompt and PABX to support its operations. As part of the PABX systems; effective disposal of probate matters its performance can cutover, the Court chose a new facilities manager for • upgrade of public signage; and be further improved. ongoing support for its telecommunications environ- • installation of secure visitor booths in the It is anticipated the review will create an environ- ment. New digital telephones were introduced to phase cells. ment in which the work of the Office is rendered both out old existing handsets. easier of performance and productive of maximum These works were successfully completed by DOJ Helpdesk Implementation efficiency. To date steady progress had been made. 30 June 2005. Additionally, the Victorian Government As a result of the XP rollout and centralising many Reporting Service managed a significant installation support and deployment functions, the Court’s IT Information Technology of in-court technology in Courts 3 and 4 for electronic Support group took the opportunity to have the non- During 2004–05, a number of advancements were trials and video conferencing. judicial staff of the Court contact the Department of made to the Information Technology systems of the Funding Requirements Court. Some of the changes included the following Justice Technical Services Helpdesk instead of the Court’s Maintaining operational courtrooms and offices initiatives. internal helpdesk. This procedure, which was introduced requires a constant program of maintenance and repairs in February 2005, enabled the Court’s IT Support group Software Upgrade to enable the Court to deliver justice to the citizens of to focus on providing an increased service to the judici- The entire computer fleet at the Court was Victoria. Engineering studies conservatively estimate that ary as well as implement new technologies and upgraded to Windows XP during the financial year, the required infrastructure maintenance expenditure to improvements to the Court’s overall IT environment. which involved the rationalisation of some of the Court’s maintain the first three historic buildings listed above is IT applications. The task was carried out over a four- Security and Facilities $1.7 million per year. Actual average expenditure on month period, which began in late June 2004 and took Management maintenance and capital repairs over the last five finan- 12 weeks of planning and testing. Many of the Court’s The Supreme Court facility comprises 28 court- cial years is $1.05 million per year. This ongoing short- computers were not capable of running Windows XP. A rooms, chambers and administrative offices, which are fall continues to result in the degradation of the condi- replacement program was instituted and older PCs were located in four buildings beside or near the original tion and public amenity of the buildings. decommissioned and disposed of. As part of the rollout heritage Court building, situated on the corner of Refer to page 42 for the table illustrating Facilities new remote control facilities were introduced as well as William and Lonsdale Streets. The specific locations and Management Expenditure for 2004–05 and 2003–04. the ability to remotely deploy IT applications to any of age of those buildings are: the Court’s computers. This capability increased the Opened efficiency of the IT operations at the Court. In addition Trial Division and Library – 210 William Street 1884 the Court’s network was upgraded to allow greater Court of Appeal – 459 Lonsdale Street 1893 access throughout the Court’s buildings. The cabling Old High Court – 450 Little Bourke Street 1926 rollout took many months as consideration was given to Masters and Registry – 436 Lonsdale Street

38 Supreme Court of Victoria 2004–05 Judges’ Annual Report The Victorian Jury System

The Victorian jury system and its administration Authority and Juries Statistics operate under the Juries Act 2000. The Juries Act pro- Reporting 2004–05 2003–04 vides for the operation and administration of a system of Jurors Summoned The Juries Commissioner operates under the Melbourne 31,326 27,921 trial by jury that meets the following aims: following areas of authority and reporting: Circuits 23,676 12,229 • Equitably spread the obligation of jury Total 55,002 40,150 • Under the provisions of Part 3 of the Public service throughout the community. Jurors Empanelled: Administration Act 2004, the Juries Melbourne 5,721 5,543 • Make juries more representative of the Commissioner reports to the Chief Executive Circuits 1,165 1,644 community. Total 6,886 7,187 Officer of the Court. Supreme and County Court Trials: • Permit the timely adoption of new technolo- • The Juries Commissioner exercises all of the Melbourne 513 496 gies for the selection of persons for jury Circuits 104 155 duties and functions assigned by the Juries Total 617 651 service. Act. Supreme Court Jury Trial Days 7,145 5,928 The Office of the • Under the authority of the Juries Act, the Juries Commissioner Juries Commissioner provides a jury service to the Supreme and the County Courts. The Office of the Juries Commissioner (JCO) is a • The Juries Commissioner responds to the traditional appointment of the Court. Formerly per- requirements of the Chief Justice and Chief formed by a Deputy Sheriff under the Supreme Court Judge for the jury system and maintains Act 1986, the role was reconstituted under the Juries Act, effective communication with the Supreme which came into operation on 1 August 2001. and County Courts as to their requirements Principally, the new office would continue to for juries in Melbourne and regional courts. perform all tasks previously performed by the Deputy Sheriff, but more importantly the creation of the new Staffing and office would achieve the following objectives: Budget • Establish a structure enabling improvements With regard to the staffing and budget require- to jury management and administration in ments of the JCO, the Juries Commissioner performs the the Supreme and County Courts. following tasks: • Provide a consistent and uniform approach • Manages the administrative and financial to jury management and administration operations of the JCO, including reviewing, across the State. developing and implementing policies and • Improve services for jurors in Melbourne procedures for administering and managing and regional locations. the Victorian Jury System. Located at the County Court complex at 250 • Directly manages 12 employees in William Street Melbourne, the JCO provides jurors for Melbourne and obtains support from Deputy both the Supreme and County Courts. Deputy Juries Juries Commissioners and Jury Keepers at 13 Commissioners at regional courts summon prospective regional courts. jurors for sittings at their respective courts. • Administers an annual budget of approxi- mately $3.5 million. • Provides training and development support and services to staff involved with the administration of the jury system.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 39 Juries Statistics With this dual focus in mind, we developed the following principles: During 2004–05, jury statistics were comprised as • Whenever necessary, provide support services follows: for jurors, such as availability and access to • Jurors summoned totalled 55,002, with counselling and debriefing sessions. 6,886 jurors empanelled in 617 Supreme • Defer jury service to a time that is mutually and County Court trials. This result com- convenient, and thereby minimise disrup- pares with 40,150 jurors summoned, with tion to the lives and operations of prospec- 7,187 jurors empanelled in 651 trials in tive jurors and employers, while ensuring 2003–04. the courts run efficiently. • Jurors served a total of 33,035 jury trial days • Wherever possible, avoid calling jury panels (Melbourne only), completing 7,145 jury prematurely or unnecessarily. trial days in Supreme Court trials. This • Minimise the inconvenience caused to result compares with 31,365 jury trial days prospective jurors by streamlining the served with 5,928 jury trial days completed process through which jurors satisfy a jury in Supreme Court trials in 2003–04. summons. In comparison with 2003–04 the number of • Excuse or discharge prospective jurors as Supreme and County Court jury trials has decreased. efficiently and as courteously as possible. However, the type of trial requiring juries has changed to • Make every effort to keep the jury experience include a number of trials that have emanated as a as rewarding as possible. result of various police task forces, including PURANA and CEJA. Due to the issues associated with these trials, Major Achievements jury panel sizes have had to be increased, and the dura- During 2004–05, we achieved the following tion of trials has increased, as evidenced by the increase initiatives: in the jury trial days served, compared with 2003–04. • Revised and redistributed a ‘Jurors Guiding Principles of Handbook’ in partnership with the Victoria Jury Management Law Foundation. • Held forums at 12 secondary schools as part The JCO has developed and adopted guiding of the JCO’s Community Education principles for jury management that have a dual focus: Program. • First and foremost, to provide the courts with • Assisted in developing a module of study for jurors who are eligible, available and year nine students that focused on the informed of the duties and obligations of a importance of jury service as a duty within juror. the context of citizenship. • Secondly, to achieve this aim efficiently • Implemented an online juror messaging and effectively by minimising the level of service, providing prospective jurors with disruption to prospective jurors and their jury service information. employers.

40 Supreme Court of Victoria 2004–05 Judges’ Annual Report Court Access

Court Network Witness Assistance Service, Victoria Police, barristers, solicitors, Court personnel and others. During the Each year, more than 50,000 people visit the reporting year, the number of people assisted totalled Court. Although not a formal unit of the Court, the vol- 881. unteer organisation Court Network performs valuable The second Court Network program comprises the support service to members of the public who attend the information team, stationed at the front desk of the Court. The organisation serves the Supreme Court and Lonsdale Street entrance to the Court each day from other State Courts and Federal Courts. 9.00 a.m. On average, 50 to 60 directions are given to Funding from the State and Commonwealth those trying to navigate, not only the Supreme Court, Governments and Court Network’s own fundraising but the entire legal precinct. Enquiries are many and activities maintain the state-wide service, providing varied and often the volunteer on duty will escort the information and support to more than 70,000 contacts person seeking information to the appropriate place, annually. rather than merely directing them. In the Supreme Court in Melbourne, Court The third program, which has been in existence Network provides three programs. The first program for 16 years, is the Education Program. This program is offers the generic service of support, information and primarily for VCE legal studies students. During referral to people attending a trial, an appeal or any 2004–05 approximately 9,700 students took advantage other court process. This unique service supports victims of this service, which is managed by Court Network and their families as well as families and supporters of under the training and guidance of the education officer defendants. Contact is made through the outreach at the Law Institute of Victoria. approach or via referrals from community agencies, the

From left, a visitor to the Court meets with Court Networker Kathy Fawcett. Volunteers of Court Network perform valuable support service to members of the public who attend the Court.

Supreme Court of Victoria 2004–05 Judges’ Annual Report 41 Courts’ Information During 2004–05 a number of high-profile major In 2001 the Library began a project to scan all Officer criminal trials were heard in the Supreme Court, flow- paper-based judgments from the 1960’s to the present ing from the Ceja and Purana taskforces. These trials into electronic format. This project is expected to be Created in 1993, the position of Courts’ involved considerable liaising with the media to ensure completed by December 2005. The judgments are linked Information Officer supports the flow of public informa- trials ran as smoothly as possible, both for the Court and to index records on the judgments database available on tion to the media from the precinct of the courts, the media. The complexity of some of these trials has the online catalogue. The Library is grateful to the including the Supreme Court, County Court, required court reporters to be particularly vigilant, and Council of Law Reporting for funding to make the Magistrates’ Court and Children’s Court. Ms Prue Innes, the Court is very appreciative of the professional way in online catalogue publicly available. It is accessible to an experienced journalist, has held the position since its which they have been reported by the media. external users at http://vsc.sirsi.net.au inception. Additionally the Courts’ Information Officer was The Library’s strained financial position continues The Courts’ Information Officer monitors press involved in the Court’s expansion of publishing infor- to have a significant impact upon the funds available and media interest in the business of the Court, while mation to the general public through its website. The for everyday operations, such that staff numbers have applying sensitivity to the administration of justice and library routinely highlights significant decisions, with dwindled to an unacceptably low level and various sub- the protocols of the various courts. In this capacity, Ms hyperlinks to the full text, and summaries of a number scriptions to legal works are at risk. Those annual sub- Innes routinely deals with members of the media and of decisions have been published as an aid to under- scription costs are a financial commitment which the judiciary in ensuring that the information interests of standing complex decisions. Library must fulfil in order to provide adequate refer- the media do not conflict with the judicial process. This ence resources, and these costs of necessity have approach has resulted in an improved flow of informa- Supreme Court increased every year. There has been no indication for a tion to the press with respect to matters such as suppres- Library number of years of any review which would lead to an sion orders and Judges’ sentencing remarks. The Supreme Court Library provides information increase in the fixed government grant, which, remark- In addition, the Courts’ Information Officer and reference services to the judges of the Supreme ably, has dwindled over 15 years from $400,000 to contributes to educating the media with respect to the Court and the legal profession, as well as to court staff. $350,000 per annum, or the admission fee applicable to courts by conducting periodic seminars for journalists Since it was set up by the judges in 1853, an invaluable the Library’s purposes, which has not risen since January on the: collection of over 90,000 books, many of which are of 1997. In 2004-2005 local admissions income totalled • pitfalls of court reporting; historical significance, has been created, which is vested $478,240, admission under the Mutual Recognition Act • contempt of court issues; in the judges and housed in the four levels of the ele- 1992 produced $163,520 and the Court fees library levy • special considerations to be applied to jury gant Library building. It contains law reports, legislative produced $171,699 (less than the preceding year). With trials; and materials, textbooks and journals, many of which are the commencement of the Legal Profession Act 2004, • various statutory limitations on reporting. unavailable elsewhere, which are essential for the the Library will no longer receive income from interstate Attendees include cadet journalists from the major research work of both the Court of Appeal and the Trial practitioner admissions under the Mutual Recognition media organisations, journalism students from RMIT, Division of the Court. Act. The library will still receive income from New and reporters in the suburban and regional media. The Librarian and his small but dedicated staff Zealand practitioners being admitted in Victoria under These seminars take place in Melbourne and regional both enable judges and the profession to use the Library that Act but in 2004-2005 the number of New Zealand cities. As a result, there has been a considerable to the best possible advantage. They have also been practitioners admitted in Victoria was only 33. The improvement in the flow of information and under- instrumental in providing to judges a very wide collec- Library’s position is parlous and threatens to interfere standing between the courts and the media, which has tion of computerised materials from both the Internet with the essential research work of the judges of the operated to minimise the risk of disruption to the judi- and elsewhere, although limited by financial con- Court. cial process by the inadvertent publication of prejudicial straints. The Library also provides an online catalogue material. and database system available to users via the Internet.

42 Supreme Court of Victoria 2004–05 Judges’ Annual Report Finance Report 2004–05

Introduction Annual Appropriation ‘Revenue Retention Funds’ within the Annual Appropriation are certain funds allocated at the discre- The Court is not independently financially and Expenditure tion of the Attorney-General. By agreement with accountable to Parliament. Financial accountability of The statements provide a summary of the revenues Treasury, a proportion of the fees revenue collected by the Court is discharged through its consolidation into generated and budget allocations and expenditures in the Court is maintained as a ‘Revenue Pool’, which is the Department of Justice accounts, the review of those Special Appropriations and Recurrent or Annual allocated to the Courts in accordance with priorities accounts by the Auditor-General, and the certification of Appropriations for the financial year ended 30 June 2005. approved by the Attorney-General. those accounts by the Department of Justice Secretary The following terms and definitions are used in Within the recurrent allocation to the Court is an before their tabling in Parliament by the Attorney- presenting the statements. amount of $1.252 million allocated for specific purposes General. ‘Special Appropriations’ are funds appropriated by related to court security, judicial conferences, support The Court participates in this process through the various Acts of Parliament to be paid from the staff for Judges, litigation support staff, judicial texts and CEO and his administrative officers’ involvement in the Consolidated Fund. In the Supreme Court, Special references, major criminal trials and business improve- maintenance of financial system controls, the recording Appropriations provide for: ment initiatives. These amounts are not separately iden- and maintenance of financial transactions on the (a) judicial salaries and related allowances and tified in the Operating Statement. Department’s financial records system, the preparation expenses; and ‘Revenues’ reported are those fees collected by the and submission of monthly reports, cooperation with (b) workers’ compensation payments for juror Court on behalf of the Government and are paid into internal audit and Auditor-General reviews of the medical and like expenses resulting from Consolidated Revenue. The Government sets these fees accounts and the provision of required certifications as jury service. pursuant to the Supreme Court (Fees) Regulations 2001 to the completeness of those accounts. ‘Annual Appropriations’ are the funds provided with respect to documents and actions filed with the These financial statements are drawn from the each year consequent to the passing of the Government’s Court and include a variety of civil actions including same records that contribute to the Departmental budget for the ordinary purposes of providing services. As probate of deceased estates. The range and level of accounts and are intended to give a clear picture of the presented in these statements it comprises Recurrent current fees is maintained on the Court’s website Court’s financial performance. Expenses and Non-Discretionary Expenses. www.supremecourt.vic.gov.au as a service to the The financial statements for the Court that follow (a) Recurrent Expenses include staff salaries public. both consolidate and identify the divisional performance and related expenses and operating expenses of the Court of Appeal and the Trial Division. The Juries that include all other operating costs. Division, which supports jury activity for both the (b) Non-Discretionary Expenses include those Supreme and County Courts throughout Victoria, is pre- expenses that are accrued at departmental sented as a separate financial statement. level and assigned to the various business units and the Court to reflect the full service cost of the services provided. In this instance they include the Capital Asset Charge or finance cost of the assets employed to deliver the Court’s services and the depreciation expense of the assets employed.

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 43 Supreme Court Operating Statement for the Year Ended 30 June 2005

General Comments The financial position of the Court revealed in the Operating Statement and notes thereto identifies an overspend in discretionary annual appropriation of some $1.11 million. This result is an improvement on the previous year’s overspend of $2.11 million.

Surplus/ Budget Actual (Deficit) $’000 $’000 $’000 REVENUE Court Fees, probate, all sources 9,500 11,275 1,775 EXPENDITURE Court of Appeal Special appropriations Judicial Salaries, allowances and related expenses 3,516 3,519 (3) Recurrent Staff Salaries and related expenses 1,659 1,859 (200) Operating Costs 251 486 (235) Non-Discretionary (Capital asset and Depreciation charges) 776 774 2 Total Court of Appeal 6,202 6,638 (436) Trial Division Special appropriations Judicial Salaries, allowances and related expenses 8,011 8,388 (377) Recurrent Staff Salaries and related expenses 6,468 6,458 10 Operating Costs 3,404 4,085 (681) Non-Discretionary (Capital asset and Depreciation charges) 2,993 2,977 16 Total Trial Division 20,876 21,908 (1,032) Consolidated Supreme Court Special appropriations Judicial Salaries, allowances and related expenses 11,527 11,907 (380) Recurrent Staff Salaries and related expenses 8,127 8,317 (190) Operating Costs 3,655 4,571 (916) Non-Discretionary (Capital asset and Depreciation charges) 3,769 3,751 18 Total Supreme Court 27,078 28,546 (1,468) Capital Expenditure Court of Appeal and Trial Division 339 854 (515)

44 Supreme Court of Victoria 2004–05 Judges’ Annual Report Juries Division Operating Statement for the Year Ended 30 June 2005

General Comments The Juries Division is administered by the Court and supports the operations of both the Supreme and County Courts for jury criminal and civil trials throughout Victoria. For most Victorians, contact with the Juries Commissioner is the only contact they will have with the superior courts. The identification, processing and empanelment of jurors is a process entirely reactive to the activity of the Courts and the cases brought by the Director of Public Prosecutions (DPP) or those instances where a civil trial requires a jury. Currently it is the practice within the Department of Justice to provide funding allocation to meet the actual costs of the jury service. This practice routinely results in a late year augmentation to the initial budget allocation.

Surplus/ Budget Actual (Deficit) $’000 $’000 $’000 Juries Division Special appropriations Juror Workers Compensation 17 0 17 Recurrent Staff Salaries and related expenses 693 891 (198) Operating Costs (less Juror payments) 445 536 (91) Juror Payments 2,745 3,029 (284) Non-Discretionary (Capital asset and Depreciation charges) 23 26 (3) Total 3,923 4,482 (559)

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 45 Senior Master’s (Funds in Court) Office

Background The Office Legal Section assists with such inquiries, pro- courts and VoCAT was completed by the end of May viding advice and guidance as required. When the Court 2005. Each of the various sections of the Office coped The Senior Master’s (Funds in Court) Office [the makes orders for payment out of such funds, should the well with the influx of funds, the consequent increased Office] is a discrete, self-funded, administrative division order so provide, the Legal Section generally prepares workloads and modified work practices. of the Court. All funds paid into Court are held, invested, and sees to the authentication of such orders. Taxation and administered by the Senior Master, who is a judicial consequences are then finalised and payments are The Legal Section member of the Court. The Senior Master holds funds, effected as expeditiously as possible. The Legal Section is responsible for the supervi- investments and assets principally for persons under dis- sion of payments into Court. During 2004–05, 3,946 ability, the value of which is in excess of $700 million. Growth payments into Court were made, of which 3,907 were for Funds that are not held for persons under disability are The work of the Office continues to grow in vol- and on behalf of persons under disability. These pay- held pursuant to orders of the Court, or pursuant to var- ume and significance. Since the funds held for persons ments were either transferred to the Senior Master or ious statutory provisions. The Senior Master discharges under disability constitute 95% of the funds and assets made directly to him: his responsibilities with respect to the funds through the held by the Senior Master, these funds involve most of services of the staff of the various discrete sections of the Direct Payments Transfers the work of the Office. Office workload statistics are Office, being Funds Administration, Accounting and • Supreme Court: 85 - compiled through the Office Computer System, called Taxation, Client Liaison, Investment, Legal, and • County Court: 186 1,081 ‘TMS’ (Trust Management System). The statistics for the Information Technology, and also through the services • Magistrates’ Court: 92 391 last two financial years are as follows: of external consultants and other specialist advisers, e.g. • VoCAT 343 1,729 the members of the Investment Review Panel. 2003–04 2004–05 Total 706 3,201 • Orders* made: 4,665 4,861 Prior to the commencement of the Act, funds were Mission Statement • Documents prepared: 9,997 12,243 held for and on behalf of approximately 1,400 individu- The Mission Statement of the Office is: • Financial transactions recorded als. The transfer of more than 3,200 clients effectively “To administer prudently and efficiently for (payments made, receipts, tripled the numbers of persons for whom the Senior and on behalf of clients of the Office the funds in and the like): 70,980 84,140 * Payments out of Court are made pursuant to orders of Master holds funds. Court and assets purchased from them in a manner, the Court. The Senior Master usually constitutes the Court During 2004–05, the sum of $120,068,523 was consistent with the law, that is in their best interests.” when these orders are made. The orders are prepared and, paid into Court, of which the sum of $50,243,569 repre- after authentication, processed within the Office. sented funds transferred pursuant to the Act. Financial Reporting Staff numbers have continued to grow over time to The Auditor-General audits the Financial Reports cope with this increased workload. The Senior Master Team Transfer of the Senior Master on a financial year basis. The monitors the time taken by staff, from the date of receipt A special group of staff under the supervision of Special Purpose Financial Report and Audit Opinion of of a request for funds or of an invoice for payment, until the Legal Section, which became known as ‘Team the Auditor-General for the year ended 30 June 2005 the matter is referred to him for consideration, or until Transfer’, worked tirelessly processing the cases to be commence at page 55 of this Annual Report. payment is effected. transferred. Each file was carefully considered to ensure Clients An Extraordinary Year that the funds were held for and on behalf of persons under disability and were, therefore, transferable pur- The persons under disability for whom the Senior The Courts Legislation (Funds in Court) Act suant to the Act. Details were entered into TMS, account Master holds funds are minors (in respect of whom most 2004 [the Act] came into effect on 1 July 2004. numbers created, funds receipted, documents scanned, dealings are with their parents) and persons over the Potentially, it made transferable to the Senior Master all tax file numbers applied for, responsibility for each new age of 18 years, but who have sustained compensable of the funds held by the cash offices of the County and case allocated to a member of staff, receipts posted to all injuries, usually severe, causing acquired brain injury Magistrates’ Courts, and by the Victims of Crimes new clients or their carers, along with advice as to how (ABI). There is personal contact with them, where possi- Assistance Tribunal (VoCAT) for and on behalf of per- their funds may be accessed, if required. ble, and with their relatives, carers and other interested sons under disability. In addition the Act created Communication with those clients began. Funds were persons. Therefore, Office staff receive regular training Common Fund No. 3, the first Common Fund created accessed. to deal sympathetically and helpfully with the conse- since 1977. The investments of this Common Fund are In turn, all these functions eventually involved the quences of ABI to ensure that clients’ best interests are presently confined to equities listed on the Australian whole of the staff of the Office. However, Team Transfer furthered and promoted in a cooperative manner. Stock Exchange, with some minor allocation to cash. commenced the process, regulated the work flows, With respect to funds that are not held for persons The Act had very significant effects on the work of ensured funds were received and receipted in a timely under disability, most dealings are with legal practition- the Office; however, all of these were dealt with smoothly manner, and entered details into TMS which required ers or members of the public seeking access to the funds. and efficiently. The transfer of funds from the other exacting detail and fastidious attention.

46 Supreme Court of Victoria 2004–05 Judges’ Annual Report The Senior Master’s (Funds in Court) Office

The staff of Team Transfer deserve particular Investment Section auditors and management as their duties relate to commendation for their efforts to ensure that funds were financial and other reporting, internal controls, external When appropriate, Investment Officers of the transferred in a timely and seamless manner. and internal audits, and other matters the Senior Master Investment Section see to the implementation of invest- deems necessary. The Committee assists the Senior ment advice and to the administrative support of the Funds Administration Master in fulfilling his responsibilities by: Investment Review Panel. The significant increase in the number of individ- • providing an independent review of financial During 2004–05, investment of the significant uals for whom funds are held affected staff workloads reporting; and influx of funds transferred to the Senior Master took and the number of clients per Trust Officer has substan- • satisfying itself as to the effectiveness of the place in a timely and considered manner. tially increased. Office’s internal controls and the sufficiency Common Fund No. 3 was implemented and addi- Further, Trust Officers have had to enhance their of the external and internal audits. tional investments within this Common Fund were skills to be able to deal with the different needs of new The Committee will meet at least quarterly, with made on a monthly basis. The number of equity invest- clients. A large proportion of the funds transferred from additional meetings being held as required. The ment clients has increased beyond 1,000 or approxi- VoCAT represented awards of compensation for persons Committee held its first meeting on 10 May 2005. mately 20% of persons under disability with funds in who had suffered sexual assault. Therefore, staff under- Court. went training from CASA (the Centre Against Sexual Information The investment returns generated by Common Assault) to understand those needs and to be able to Technology Fund No. 3 were significant. Gross income equivalent to deal constructively with such clients. The Information Technology (IT) Section under- 6.52% per annum was produced. The price of a notional Trust Officers have also had more contact with took significant work regarding the transfer of funds from unit in the Common Fund increased from $1.00 on clients concerning the investment of their funds. the other Courts. Much of the information required was 1 July 2004 to $1.17 on 30 June 2005, providing capital Sending six-monthly statements to clients, rather than imported in electronic format. Enhancements to TMS growth of 17% during this period. annually, increases client awareness concerning the were required to deal with the different forms of cases administration of their funds; however, this, in turn, Accounting and transferred and to cope with the increased workload. imposes greater workloads on Trust Officers. Taxation In addition, the creation of Common Fund No. 3 Additional Trust Officers were employed to cope created much work for the IT Section. However, this The commitment of the Senior Master to risk with these increased workloads. All staff reported that process was achieved smoothly and with great efficiency, management is embodied in the prudential safeguards these workloads are manageable and that clients contin- and persons with funds invested in the Common Fund established and monitored by the Accounting Section of ue to receive excellent service. have enjoyed good investment returns as a consequence. the Office. At each monthly meeting of Office Section The migration of TMS from a DOS-based ‘Clipper’ Heads, the Accounting Manager provides an independ- Client Liaison system to a Windows-based ‘Visual Objects’ system com- ent report to the Senior Master as to developments con- Client Liaison Officers visit clients where they menced in April 2005. A suitable contractor was identi- cerning defined risk management matters. reside, assess clients’ situations, report to the Senior fied, negotiations commenced, and a contract for the The Special Purpose Financial Report of the Master by making recommendations as to clients’ needs provision of services prepared, settled and executed. This Senior Master for the Financial Year ended 30 June 2005 and how these needs might be addressed. Often, very process has involved much work and negotiation, as received an unqualified audit opinion from the Auditor- detailed reports, including recommendations regarding well as detailed consideration of complex contractual General. difficult living circumstances or situations, are submit- arrangements. As at 30 June 2005 the Senior Master had yet to ted to the Senior Master for consideration. receive the management letter of the Auditor-General The Client Liaison Section comprised 3.8 full-time Conclusion with respect to the Financial Report. However, the two staff equivalent positions during 2004–05. The financial year presented a series of significant issues identified by the Auditor-General in the previous During this period, 371 visits were made to clients, challenges to the staff of the Office. However, throughout management letter have been addressed. Provisioning including 23 interstate visits, which required Client this extraordinary period, services to existing clients were for the accrued employment entitlements of staff Liaison Officers to have detailed knowledge of different maintained and improved, responsibilities to new clients employed through agencies now forms part of the State services available to clients. In addition, 102 coun- were assumed seamlessly, and services to transferred Financial Report and is specifically noted as Note 17. try visits were made to ensure that clients in rural and clients were a significant improvement on those they Provisions. regional Victoria were not disadvantaged in addressing had received in the past. Further, the management letter recommended the their needs. Staff of the Office should be commended for their establishment of an Audit Committee as part of best cor- incredible effort and achievement. porate governance practice, which has since been estab- lished. The Committee aims to serve as a focal point for communication between the external auditors, internal

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 47 Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005

48 Supreme Court of Victoria 2004–05 Judges’ Annual Report Auditor-General’s Report

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 49 Statement of Financial Performance for the Year Ended 30 June 2005 Reserve Account Account No. 1 No. 2 No. 3 Guarantee and on Separate Common Fund Common Fund Common Fund Common Funds Investments Held $$ $$ $ $$ $$ 2005 2004 2005 2004 2005 2005 2004 2005 2004 174,134 138,229 21,253,032 18,915,387 - (174,647) 965,593 - - Note 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June less: prior year unallocated fundsadd: current year unallocated funds (32,745) 49,545 (30,408) (4,536,216) 32,745 (4,731,534) 4,940,970 4,536,216 ------Tranferred (from)/to General ReserveTranferred Distribution to beneficiaries 1 June 19 - 157,334 135,892 - 20,848,278 19,110,705 ------(174,647) 965,593 - - - - The accompanying notes form an integral part of the special purpose financial report. INVESTMENT REVENUE Interest revenueDividend incomeAnnuity incomeInterest rebateGains on disposal of investmentsUnrealised gains on equities investment revenueTotal EXPENSES Interest expense Interest paid on closed accounts 3(b),4 3(b)(c) 6(a)Dividend & Interest distributionsAnnuity transfer 336,734 3(c)Interest rebate 12 286,872 Loss on disposal of investments 5 25,312,835 - - Unrealised gains owing to beneficiaries 21,805,536 Bank bill interest transferred 3(b)(c) - Depreciation expense - - - 336,734 Administration expensesexpenses 3(c) 185,305 - 286,872 Total - 25,312,835 20,864 - Funds available as a result of operations 21,805,536 12 6(b) - - - - 28,016 Comprised of: 1,997,023 3(c) - 1,954,503 - - - - 28,790,805 174,431 - 6(c) 5 165,409 - 3(g) - - - - - 5,408,934 - 6,938,890 3(h) - 2,251,090 - 141,736 9,003,498 - 174,134 - 7 1,174,885 - - 120,627 1,500,416 138,229 - 23,196,566 - 4,810,115 - - 21,253,032 1,634,282 18,915,387 - 1,549,855 - - - - - 3,165,849 - - 5,378,513 5,594,239 - - 162,600 - - - - 148,643 - - 4,059,803 2,890,149 - - - - 1,776,018 - - - 569,308 - 23,196,566 1,670,482 - 28,790,805 3,920,550 71,575 ------54,370 (174,647) - - 7,113,537 8,037,905 - 1,500,416 4,810,115 965,593 931,108 - - - - - 889,565 - - - - - 365,818 569,308 - - 3,920,550 586,117 - - - - - 2,804,311 - 4,513,863 ------37,765 3,834,068 - 2,834,556 - - 931,108 48,999 - 889,565 - - - - -

50 Supreme Court of Victoria 2004–05 Judges’ Annual Report Statement of Financial Position for the Year Ended 30 June 2005 Reserve Account Account No. 1 No. 2 No. 3 Guarantee and on Separate Common Fund Common Fund Common Fund Common Funds Investments Held $$ $$ $ $$ $$ 2005 2004 2005 2004 2005 2005 2004 2005 2004 Note 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June CURRENT ASSETS CashInterest ReceivableAnnuity Income ReceivablePrepayments Debtors Investments on Common AccountNON CURRENT ASSETS Investments on Common AccountEquitiesBeneficiaries’ Annuities Held on Separate Account 8Fixed AssetsAssets 8 Total 11 13CURRENT LIABILITIES 11 5,469,696 Creditors and Accruals 18,603 9 4,977,670 - Annuity Income Payable to Beneficiaries 130,418,164 185,251,528 15,974 1,389,485 Amounts owing to beneficiaries – Common Fund 10 - 4,948,760 593,734 Interest income unallocated - 3,171,022 - Provisions 3,407,287 - 5,506,061 - 16NON CURRENT LIABILITIES Beneficiaries’ Investments Held on Separate Account - 1,12 8 - - - 328,034,486 204,104,425 Amounts owing to beneficiaries – Common Fund - 6,828,239 14 5,554,633 - Provisions 13 - - 15 95,647 20,409,371 - LiabilitiesTotal 14,899,042 4,885,324 11,985,500 16 - Net Assets 3(g) - - - 6,877,784 5,587,378 398,033,036 RESERVES 466,808,697 - 503,318 - - 441,702 - Statutory - Reserve - - - - 428,271 49,545 84,485 692,246 154,451,667 - General Reserve - - - 32,745 ReservesTotal 17,708,465 - 20,047,015 - - - 17 - - 4,940,970 The accompanying notes form an integral part of the special purpose financial report. 33,660,966 33,233,509 - 4,536,216 - - 8,209,894 94,652,162 441,458,356 - 388,611,496 - 869,558 ------17 - - 154,367,182 - - 153,486,462 - - - - 5,335 27,324 - 6,877,784 - 18 33,269 5,587,378 - 5,522 35,587 - 466,808,697 398,033,036 8,176,625 - 19 37,001 - 8,992,823 ------154,451,667 ------75,780 - - - - 257,665 - - - 661,810 39,368 - - 59,706 - - - 59,706 - 85,622,338 - 8,209,894 - - - 33,269 94,652,162 ------8,176,625 37,001 - 94,615,161 - - - - - 100,155 ------303,990 - - 32,999,156 33,173,803 4,736,865 - - 4,036,204 28,262,291 29,137,599 - 32,999,156 - 33,173,803 ------

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 51 Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 1986; interest from fixed securities and any transfers of eme Court Act eme Court Supr or realisation of investments in Common Funds No. 1 and 2. ns of the airs due to disability; dependent minors; and minors having sustained personal injury Losses made on the sale or realisation of Common Fund investments have been reim- t present. Portfolios are regularly reviewed so as to suit the needs and circumstances of t present. Portfolios are regularly reviewed so as to suit the needs and circumstances specifically identifies the individual upon whose behalf investment is held. No. 3 investments in shares that are valued on marked-to-market basis. the provisions of the Trustee and other Acts. the provisions of Trustee reporting requirements with the exception of disclosure in following: tock Exchange. h investment in approved securities. h investment in approved equities. of the creation and movements Common Fund No. 3 equities are stated at Note 12. with the exception of Common Fund No. 3 investments in shares that are valued on a es. AEIFRS). om County Court, Magistrates’ Court and Victims of Crime Assistance Tribunal in compliance with om County Court, Magistrates’ Court and Victims of Crime Assistance Tribunal understanding of these accounts. riate for part of the assets certain beneficiaries to be invested outside Common Fund No. 2. riate for part of the assets certain beneficiaries to be invested outside Common Fund No. 2. During Common Fund No. 3 was created on 1 July 2004, there are no comparative figures in the Financial 2004. Common Fund No. 3 is principally for investment in shares. was created through the Courts Act Legislation (Funds in Court) 2004. , revenue is defined as income earned from investment activities of the funds accounted for on an accruals basis. It includes Common Funds No. 1 and 2 bursed from this account. • the provision for and payment of administrative expenses Senior Master's Office; • the smoothing of annual crediting rate interest paid to beneficiaries Common Funds; and • the provision for and payment of other expenses incurred by Common Funds as considered appropriate Senior Master. The Common Funds Guarantee and Reserve Account derives income from investments made the and net gains on sale Investments Held on Separate Account it is approp With a view to providing measure of capital growth, hedge against inflation, and offset taxation liability, With the creation of Common Fund No. 3 on 1 July 2004, Investments outside 2 are limited to Indexed Annuities a individual beneficiaries. Investments Held on Separate Account are registered in the name of Senior Master Supreme Court but a manner which 3. Summary of significant accounting policies The principal accounting policies adopted in preparing this special purpose financial report are stated to assist a general This special purpose financial report has been prepared in accordance with Australian Accounting Standards and other mandatory • AASB 1026 Statement of Cash Flows • AASB 1033 Presentation and Disclosure Financial Instruments Note 20 refers to the financial impacts of adopting new Australian Equivalent International Financial Reporting Standards ( This financial report has been prepared on the basis of historical costs and does not take into account changing money values - marked-to-market basis to enable the daily calculation of Common Fund No. 3 unit price. (a) Basis of Accounting The accounts have been prepared on an accruals basis and are recorded at historical cost with the exception of Common Fund (b) Revenue For interest from the Guarantee and Reserve Account to the Common Funds. 1. Significant changes to the management of equities previously held on separate account Common Fund No. 3 was created on 1 July 2004 in compliance with transfer by the Act to it of all equities held on separate account at 30 June 2004 (at historical cost) for beneficiaries. As Report. The equities managed in Common Fund No. 3 are recorded at market value accordance with daily unit pricing. Details 2. Nature and purpose of the Common Funds, Funds Guarantee Reserve Account and Investments Held on Separate Common Fund No. 1 The prime objective of Common Fund No. 1 is to provide a secure return on liquid investments for the benefit beneficiari The Fund consists of: money held in dispute matters; as security for costs; and other payments made into court under Common Fund No. 2 The prime objective of Common Fund No. 2 is to provide the maximum return achievable subject acceptable risk criteria throug The Fund consists of: damages awarded and payments pursuant to compromise persons deemed incapable of managing their own aff with entitlement to payment out at age 18. Since 1 July 2004, $50.2 million, excluding accrued interest, was transferred in fr Courts Act Legislation (Funds in Court) Common Fund No. 3 The prime objective of Common Fund No. 3 is to provide the maximum return achievable subject acceptable risk criteria throug it is approp With a view to providing measure of capital growth, hedge against inflation, and offset taxation liability, the reporting period, investments held by Common Fund No. 3 consisted of shares in leading companies listed on Australian S Common Funds Guarantee and Reserve Account The purpose of the Common Funds Guarantee and Reserve Account is: • the provision of a statutory reserve of 1% the combined value Common Fund No. 1 and 2 under provisio

52 Supreme Court of Victoria 2004–05 Judges’ Annual Report Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 be transferred to the Guarantee and recognised on the effective date, as announced, (“ex-dividend”) and applies to annual reporting periods ending on or after 30 June 2004. AASB 1047 will d bank bills. rantee and Reserve Account, and the Beneficiaries Investments - Held on Separate into existence on 1 July 2004, there are no comparative figures. in the Statement of Financial Performance. Income includes interest and capital gains as e directly on the individual beneficiary's account and income arising therefrom is credited interest balance (cash basis) at 31 May. This balance is the result of cash movements for interest balance (cash basis) at 31 May. Master to the Department of Justice and respective agencies as appropriate including, when over the period of annuity contract. tors, are included in this financial report. e Common Funds No. 1 and 2 as a result of investment activities. This net income is then or receivable during June. This amount is shown as a current liability in the Statement of ed by the declaration of respective interest rates Senior Master. and the disclosure of anticipated impacts adopting Australian equivalents are to be will not be allocated to beneficiaries until the following 1 June (although some distributions may tions is shown as comprising: allocated Funds are reflected in the Funds Available as a Result of Operations reconciliation. allocated Funds are reflected in the Available nsferred to the Guarantee and Reserve Account and interest subsidies, as required, transferred held in Common Fund No. 3 are valued at market value on a daily basis to establish that Fund’s r its expected life to the Senior Master. Estimates of remaining useful lives are made on a regular r its expected life to the Senior Master. m the Common Funds Guarantee and Reserve Account. ting Standards national Financial Repor Inter , revenue also includes gains on sale or realisation of investments made by Common Funds No. 1 and 2 which are required to Disclosing the Impacts of Adopting Australian Equivalents to , revenue is defined as income earned from investment activities of the fund accounted for on an accruals basis. Dividends are Common Funds Guarantee and Reserve Account Common Fund No. 3 year 1 June to 31 May. income distributions are made each month to unit holders. For the Reserve Account. (c) Investments Investments, other than equities held in Common Fund No. 3, are brought to account at cost with related income being recognised Equities well as accrued interest. Interest expenses are the premiums paid on negotiable securities at time of purchase. unit price. Movements in the price are offset liability to beneficiaries. cost, are transferred to/fro Capital gains/(losses), defined as proceeds from sale or realisation of investments, less purchase Investments on Common Account comprise government, semi-government securities and bonds, prime corporate or bank securities, an Beneficiaries' Investments – Held on Separate Account (Note 13) comprising annuities (and equities until 30 June 2004), are mad are amortised in equal instalments accounts in Common Fund No. 2. Annuities purchased directly to the individual beneficiary’s (d) Salary Costs reimbursed by the Senior The Senior Master of the Supreme Court is not an employer staff. Salaries and wages are, however, taken, payments for annual leave and long service leave entitlements. Current and non-current provisions, to indemnify contrac (e) Segment Information The accounts are prepared on a segmented basis to show the financial position of each Common Funds, Funds Gua Account. (f) Comparative Figures comparative figures have been reclassified to conform current year disclosures. As Common Fund No. 3 came Where necessary, as a Result of Operations (g) Funds Available Common Funds No. 1 and 2 as a Result of Operations reflects the net income (accounted for on an accruals basis) earned by each th The Funds Available distributed during the year primarily via 1 June income distribution process. The net includes interest rebates tra from the Guarantee and Reserve Account to the Common Funds. distributions are made from Common Funds No. 1 and 2 to the respective beneficiaries. This is initiat At 1 June each year, At 30 June each year there are Unallocated Funds that consist of net investment income (ie interest) earned and either received Financial Position indicating that the funds will be distributed in some form during following twelve months. These as a Result of Opera the Funds Available be made during the year as a result of beneficiaries leaving fund). Consequently, • the annual distributions made to beneficiaries at rate declared by Senior Master on 1 June each year based net For • the net interest revenue received and receivable from 1 June to 30 June. Due to the timing differences (ie 1 June income distribution year vs 30 financial year) prior and current Un Common Funds Guarantee and Reserve Account as a Result of Operations reflects all investment and operating revenues expenses. The Funds Available (h) Depreciation of Computer and Office Equipment Depreciation is calculated on a straight line basis to write off the net cost of each item computer and office equipment ove basis for all assets. The expected useful lives are as follows: • Equipment Office • Computer Equipment• Computer Software(i) Impacts of adopting AASB equivalents to IASB standards Accounting standard AASB 1047 4 years 3 years 2 years cease to apply upon the adoption of Australian equivalents. Further information regarding financial reporting requirements found at Note 20.

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 53 Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005

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2005 2004 2005 2004 2005 2005 2004 2005 2004

30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June

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Funds Guarantee and

paid from the Common Funds No.paid 1 andfrom

transfer pursuant to S113(16) of the Supreme Court transfer pursuant Court to S113(16) of the Supreme

est rebates were est rebates

4. INTEREST REVENUE Bank Account 54,630 42,090 353,866 310,832 185,305 45,007 47,821 - - Bank Bill Interest 282,104 244,782 2,330,904 4,296,091 - 325,572 236,022 - - Fixed Interest Securities - - 22,628,065 17,198,613 - 1,626,444 1,670,660 - - Total Interest RevenueTotal 336,734 286,872 25,312,835 21,805,536 185,305 1,997,023 1,954,503 - -

5. INTEREST REBATE Interest Interest Inter No. 2 to the Common

Total Interest RebateTotal (141,736) (120,627) (1,634,282) (1,549,855) - 1,776,018 1,670,482 - -

54 Supreme Court of Victoria 2004–05 Judges’ Annual Report Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 Reserve Account Account No. 1 No. 2 No. 3 Guarantee and on Separate Common Fund Common Fund Common Fund Common Funds Investments Held $$ $$ $ $$ $$ 2005 2004 2005 2004 2005 2005 2004 2005 2004 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June e in this est [Bank pursuant to ent to the disclosur the actual transfers of interest cise authority, cise authority, Account pursuant to S113(17) of the exer interest on a receivable (accruals) on a receivable interest eports eports credited to the Common Funds credited from the Common Funds Guarantee and from made on the realisation of a Common a of made on the realisation eports eports the Common Funds Guarantee and Reserve ofits, i.e., receipts in the nature of inter in the nature ofits, i.e., receipts Account to a Common Fund Account. This authority cised during the year for Common Fund Bank Bill eme Court Act. eme Court S113(20) of the Supreme Court Act, to transfer capital prof- Court S113(20) of the Supreme its [Note 6(a)] back Reserve was exer capital pr Guarantee and Reserve Supr Capital Gains realisedCapital Gains transferred (to)/from (279,476) (245,032) (2,537,209) 279,476 (4,880,784) 245,032 2,537,209 4,880,784 at Note 4 is differBill Interest Note as 4 r - 2,816,686 - 5,125,816 349,163 - 252,697 - - - 6(a) GAINS ON DISPOSAL OF INVESTMENTS All capital profits Fund investment are Capital Gains on Disposal of InvestmentsTotal 6(b) LOSS ON DISPOSAL OF INVESTMENTS Capital losses incurred on of any Common Fund realisation of the Senior investment may be met by the Direction Master from Act. Court Account pursuant to S113(18)(a) of the Supreme Capital Losses incurredCapital Losses transferred (to)/from Capital Losses on Disposal of InvestmentsTotal - 6(c) BANK BILL INTEREST TRANSFERRED The Senior Master may - - - - - Bank Bill Interest TransferredTotal ------239,200 3,165,849 - 5,378,513 (239,200) 279,476 245,032 - - 2,524,835 - 4,268,831 - - (365,818) (586,117) (365,818) - (346,917) (239,200) - - (2,804,311) - (4,513,863) ------basis while this Note r made upon maturity.]

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 55 Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 Reserve Account Account No. 1 No. 2 No. 3 Guarantee and on Separate Common Fund Common Fund Common Fund Common Funds Investments Held $$ $$ $ $$ $$ 2005 2004 2005 2004 2005 2005 2004 2005 2004 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June ed in administering the Account at the Senior Master's enses incurr etion and pursuant to S113(18)(c) of the Supreme Common Funds are paid from the Common Funds paid from Common Funds are Guarantee and Reserve discr Court Act. Audit feesBank chargesBooks publications and subscriptionsClient liaison and office travelComputer and office equipmentConsultants feesMotor vehiclesPostageSalaries and wages [Notes 3(d), 17]Staff trainingStationery and office suppliesSundries including legal and investment costs ------19,750 - - - - - 15,278 - - 168,780 6,253 - - 28,000 - 101,675 7,915 9,969 - 27,300 - 2,872,022 - 9,483 2,050,748 55,959 582,069 - - 16,181 - - - 503,888 22,106 - 41,957 10,333 12,367 - - 48,215 - - - 18,241 - - 22,815 - - - 17,320 ------7. ADMINISTRATION EXPENSES 7. ADMINISTRATION The following exp Administration ExpensesTotal 8. INTEREST RECEIVABLE Bank BillsFixed Interest SecuritiesAnnuities Interest Receivable Total - - - 18,603 18,603 - 15,974 15,974 - 4,948,760 3,171,022 - 4,948,760 - 2,977,091 - 193,931 ------503,318 3,834,068 2,834,556 - 428,271 489,854 412,126 33,269 13,464 - 37,001 16,145 ------33,269 - 37,001

56 Supreme Court of Victoria 2004–05 Judges’ Annual Report Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 Reserve Account Account No. 1 No. 2 No. 3 Guarantee and on Separate Common Fund Common Fund Common Fund Common Funds Investments Held $$ $$ $ $$ $$ 2005 2004 2005 2004 2005 2005 2004 2005 2004 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 5,469,696 4,977,670 458,452,650 389,355,953 5,469,696 4,977,670 458,452,650 -32,032,515 32,607,507 - - 9. PREPAYMENTS Administration Expenses PrepaymentsTotal 10. DEBTORS Dividends ("ex-dividend")GST imputation credits debtorsTotal 11. INVESTMENTS ON COMMON ACCOUNT Bank BillsFixed Interest Securities Investments on Common Account Total Comprised of Current (matures < 1 year) - Non Current (matures > 1 year) - - - 5,469,696 4,977,670 - - 458,452,650 - 389,355,953 ------5,469,696 5,469,696 4,977,670 4,977,670 - - 130,418,164 - - 185,251,528 - - - 458,452,650 - 288,768,520 - 100,587,433 32,607,507 32,032,515 - - 869,558 - 328,034,486 204,104,425 - - 5,335 - - - 5,522 - - 14,899,042 - 11,985,500 - 869,558 5,335 - 29,625,100 25,063,895 - 2,982,407 - 5,522 6,968,620 27,324 - 17,708,465 20,047,015 - 27,324 35,587 - - 35,587 ------

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 57 Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 Equities Annuities Totals - 80,206,253 8,992,823 9,953,331 8,992,823 90,159,584 8,992,823 9,953,331 8,992,823 - 80,206,253 93,233,540 8,992,823 9,809,021 94,615,161 8,992,823 - 83,424,519 8,176,625 8,992,823 8,176,625 - 85,622,338 $$ $$ $$ 2005 2004 2005 2004 2005 2004 $ 2005 refers.) esponsi- esponsi- 1 All refers.) (Note 2 Master's r Master's r at 30 June 2004, histori- reflect the Senior reflect the Senior reflect 1 July 2004. (Note of a Common Fund. ting period. ed to Common Fund No. 3 at the commence- epor bility for management of beneficiaries' funds. bility for management of beneficiaries' funds. These investments do not form part 12. EQUITIES HELD IN COMMON FUND NO. 3 on Common Fund No. 3 was created Opening Balance (previously held on Separate Account at historical cost)Revaluation of equities from historical cost to market value on 1 July 2004 during the yearEquities purchased Equities disposed of during the year 85,622,338 13,724,767 Shares received in lieu of dividendsUnrealised gains in the market value of equities throughout year * Closing balance at 30 June ACCOUNT 13. BENEFICIARIES’ INVESTMENTS HELD ON SEPARATE 23,196,566 30,979,339 (175,908) 139,360 Equities disposed of during the year 153,486,462 Closing balance at 30 June - (12,402,733) - (144,310) - (12,547,043) equities that were held on Separate Account equities that were transferr cal cost, were ment of the 2004/05 r A corresponding liability is booked to A corresponding liability is booked to Opening Balance at 1 July during the yearEquities purchased Shares received in lieu of dividendsAmortisation of annuities in current year - 15,620,999 - - - 2,197,819 - - (816,198) - (816,198) - (816,198) 15,620,999 - (816,198) - 2,197,819

58 Supreme Court of Victoria 2004–05 Judges’ Annual Report Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 Reserve Account Account Depreciation Closing 39,368 74,17768,221 20,146 - (37,765) - 75,780 (48,999) 39,368 Opening Additions Disposals Expense Balance No. 1 No. 2 No. 3 Guarantee and on Separate Common Fund Common Fund Common Fund Common Funds Investments Held 2004: 2005: $$ $$ $ $$ $$ 2005 2004 2005 2004 2005 2005 2004 2005 2004 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June Office Equipment 18,850 - - (10,065) 8,785 Office Equipment 8,785 33,198 - (9,480) 32,503 Computer Equipment 49,371 20,146 - (38,934) 30,583 Computer Equipment 30,583 40,979 - (28,285) 43,277 14. FIXED ASSETS Computer EquipmentLess: Accumulated DepreciationComputer Equipment Written Down ValueOffice EquipmentLess: Accumulated DepreciationOffice Equipment Written Down Value Fixed Assets Written Down ValueTotal Reconciliations of the carrying amounts for both classes of Fixed Assets: ------43,277 - (284,573) - - 30,583 (333,960) 327,850 - 364,543 32,503 (63,459) - 75,780 - (55,407) 8,785 39,368 95,962 - - - 64,192 ------

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 59 Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 Reserve Account Account No. 1 No. 2 No. 3 Guarantee and on Separate Common Fund Common Fund Common Fund Common Funds Investments Held $$ $$ $ $$ $$ 2005 2004 2005 2004 2005 2005 2004 2005 2004 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 15. CREDITORS AND ACCRUALS Fixed Assets - Office EquipmentAudit FeesConsultancySalariesOther Creditors and AccrualsTotal 16. AMOUNTS OWING TO BENEFICIARIES Current (payable < 1 year)Non Current (payable > 1 year) Amounts Owing to BeneficiariesTotal 17. PROVISIONS -Current provision to idemnify contractorsNon current provision to idemnify contractors ProvisionsTotal - - - 6,828,239 - - 5,554,633 6,828,239 5,554,633 461,867,727 393,496,820 - - - - 20,409,371 - - 4,885,324 - - - 154,451,667 - - - - 441,458,356 - - - 388,611,496 - 84,485 ------154,367,182 - - - - - 24,761 - - - - - 8,176,625 - - 94,615,161 ------257,665 - 28,000 - - - 13,159 - 8,176,625 - 59,706 27,300 94,615,161 188,035 7,354 - - 23,640 303,990 - 100,155 3,710 - - - 1,412 ------404,145 ------

60 Supreme Court of Victoria 2004–05 Judges’ Annual Report Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 Financial estimable infor- ime Adoption of First T Disclosing the Impacts of nges and prepare for any Reserve Account Account has elected to apply the first-time adoption exemption and liabilities at the transition date arising from adoption of IFRS will be made against ce with the A-IFRS. The Australian Accounting Standards Board (AASB) prohibits early June 2005, except for the disclosure requirements of AASB 1047 erted to A-IFRS in accordance with new accounting standard AASB 1 (see Note 3) and other financial reporting requirements (Australian GAAP – General Accepted the instruments available for sale will be a reduction of approximately $850,000 in Common f financial instruments that are deemed to be available for sale. Under AASB 139 wn or reliably estimable, a statement to that effect is required. e comparative period, 1 July 2004, effectively becomes the transition date for Senior Master (if al reporting requirements of the Australian equivalents to International Reporting Standards (A- No. 1 No. 2 No. 3 Guarantee and on Separate - - - - - 28,436,938 28,172,006 - - Common Fund Common Fund Common Fund Common Funds Investments Held $$ $$ $ $$ $$ . In respect of the annual reporting period ending 30 June 2005, AASB 1047 requires entities to disclose any known or reliably 2005 2004 2005 2004 2005 2005 2004 2005 2004 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June . The transition to A-IFRS is the subject of review by Audit Committee who will continue assess significance cha ting Standards ting Standards Financial Repor , financial instruments that are classified as available for sale must be carried at fair value. The Senior Master Reserve Account maintains a International International national Financial Repor a General Reserve against the Common Funds No.1 & No. 2 Recognition and Measurement Reserve at 1% of Instruments: Instruments: available under AASB 1 to defer the date of transition 139 until July 2005. It has been estimated that adjustment Fund No. 2 and $480,000 in Common Funds Guarantee & Reserve Account. mation about the impact on financial report, had report been prepared using A-IFRS. If is not kno This special purpose financial report has been prepared in accordance with all but two current Australian accounting standards Accounting Standards). A difference in accounting policy that is expected to arise from the adoption of A-IFRS respect o implementation. The Senior Master plans to prepare the financial report for annual reporting period ending 30 June 2006 in general accordan adoption of A-IFRS prior to 1 January 2005. Therefore, the 2005 adoption process will not impact on financial reports up to 30 Adopting Australian Equivalents to pursuant to S113(20) of the Supreme Court Act. Court pursuant to S113(20) of the Supreme Opening balance at 1 July from General Reserve (Note 19)Add: Transfer ------700,661 251,267 4,036,204 3,784,937 - - - - Add/(Subtract) Surplus/(Deficit)Australian Equivalents to Inter - - - - - (174,647) 965,593 - - potential capital losses on realisation of Common Fund invest- potential capital losses on realisation distributions to Common Fund ments and to supplement interest Act. Court beneficiaries pursuant to S113(20) of the Supreme Opening balance at 1 July to Statutory Reserve (Note 18)Less: Transferred ------(700,661) - (251,267) 29,137,599 28,423,273 - - - - 18. STATUTORY RESERVE 18. STATUTORY The Common Funds Guarantee and Closing Balance at 30 June19. GENERAL RESERVE Equity in the assets of Common Funds Guarantee and Reserve Account is shown as Closing balance at 30 June STANDARDS FINANCIAL REPORTING TO INTERNATIONAL OF ADOPTING AASB EQUIVALENTS 20. IMPACTS -For reporting periods beginning on or after 1 January 2005, all Australian reporting entities are required to adopt the financi ------4,736,865 4,036,204 - - - - 28,262,291 29,137,599 - - Statutory Statutory IFRS). This requirement also extends to any comparative financial information included within the report. The first day of th the Senior Master were a ‘reporting entity’). Any adjustments arising from changes in recognition or measurement of assets accumulated funds at the transition date. In preparation for the transition, opening balances as at 1 July 2004 comparative year ending 30 June 2005 will be conv

Senior Master of the Supreme Court Special Purpose Financial Report for the Year Ended 30 June 2005 61 Notes to and Forming Part of the Accounts for the Year Ended 30 June 2005 by the Reserve Account Account (not applicable) (not applicable) (not applicable) mon Fund No. 3 was created on 1 July 2004. m Funds in Court (2004: nil) r may affect significantly, the operations of the Senior Master, the results of operations or the operations of Senior Master, r may affect significantly, 2004 that became effective on 1 July 2004. Transfer to the Senior Master of funds held in trust for persons under a disability 2004 that became effective on 1 July 2004. Transfer No. 1 No. 2 No. 3 Guarantee and on Separate Common Fund Common Fund Common Fund Common Funds Investments Held $$ $$ $ $$ $$ 2005 2004 2005 2004 2005 2005 2004 2005 2004 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June 30 June Legislation (Funds in Court) Act Legislation (Funds in Court) Courts Courts appropriate.) ements, domestic, medical, education- other expenses deemed equir - Capital items(relating on behalf of beneficiaries.) to asset purchases - Taxation - - - 5,481,947 7,687,649 - 4,273,507 4,081,181 (relating to daily r al, recreational and - Recurring expenses - - 24,937,673 20,983,651 County Court, Magistrates’ Court and Victims of Crime Assistance Tribunal was completed during the reporting period and new Com County Court, Magistrates’ Court and Victims of Crime Assistance Tribunal Amounts paid from non-award accounts - Pay outs on closed accounts Receiver of Revenue & sundry expenses- Taxation, 253,414 54,506 2,636,510 3,901,011 - - - - PAYMENTS MADE TO/FROM BENEFICIARIES AND NON AWARD PAYMENTS ACCOUNTS - ON COMMON ACCOUNT Amounts paid into beneficiaries’ and non-award accounts in respect of - Court order - Other Amounts paid from beneficiaries’ accounts - Pay outs on closed accounts- Normal payments from beneficiaries’ accounts: 4,099,086 3,067,470 - 115,969,437 47,525,646 - - 278,510 8,392,437 9,226,274 2,901,242 296,231 The actual effects of transition to A-IFRS may differ from the estimates disclosed due to: • change in facts and circumstances; • ongoing work being undertaken by the A-IFRS project team; • potential amendments to A-IFRS and Interpretations; • emerging accepted practice in the interpretation and application of A-IFRS Urgent Issues Group (UIG) Interpretations. TRANSACTIONS PARTY 21. RELATED The Senior Master is a Judicial Member of the Supreme Court Victoria and does not receive fees or any other remuneration fro 22. EVENTS SUBSEQUENT TO REPORTING DATE 22. EVENTS SUBSEQUENT TO REPORTING that has arisen since the end of financial year significantly affected, o There has been no matter or circumstance state of affairs in financial years subsequent to this year. The 2004 financial report made reference to the

62 Supreme Court of Victoria 2004–05 Judges’ Annual Report Names of Judges and Masters

Period of Office Period of Office Chief Justice Reserve Judges The Honourable Justice Marilyn Louise Warren, AC 26 November 2003– (*1998) The Honourable Justice Howard Tomaz Nathan 18 April 1997– President of the Court of Appeal The Honourable Justice Rosemary Anne Balmford 29 September 2003– 31 May 2005 (*1996) The Honourable Mr Justice John Spence Winneke, AC 07 June 1995–15 July 2005 The Honourable Justice John David Phillips 22 May 2004–28 February 2005 (*1995) The Honourable Mr Justice Chris Maxwell 18 July 2005– Masters Judges of the Court of Appeal Senior Master Kevin John Mahony (Senior Master) 15 April 1983– The Honourable Mr Justice John Michael Batt 06 May 1997–02 June 2005 (*1994) Master Ewan Kenneth Evans 02 August 1983– The Honourable Mr Justice William Frederick Ormiston 07 June 1995– (*1983) Master Charles William George Wheeler 31 July 1990–17 February 2005 The Honourable Justice Stephen Pendrill Charles 07 June 1995– Master Thomas Peter Bruce, AM 20 July 1993*– The Honourable Mr Justice Frank Hortin Callaway 07 June 1995– Master Kathryn Elizabeth Kings 20 July 1993*– The Honourable Justice Peter Buchanan 28 October 1997– Master Philip Lawrence Cain 26 November 1996*– The Honourable Justice Alex Chernov 13 October 1998– (*1997) Master Michael Joseph Louis Dowling, QC 15 May 2001– The Honourable Justice Frank Hollis Rivers Vincent 12 June 2001– (*1985) Master John Efthim 18 July 2005– The Honourable Justice Geoffrey Michael Eames 15 March 2002– (*1992) The Honourable Justice Geoffrey Arthur Akeroyd Nettle 08 June 2004– (*2002) The Honourable Justice David John Ashley 21 June 2005– *Date of first appointment to the Supreme Court. Note: The Court of Appeal commenced on 7 June 1995. Judges of the Trial Division The Honourable Justice Bernard George Teague 13 October 1987– The Honourable Justice Philip Damien Cummins 17 February 1988– The Honourable Justice Thomas Harrison Smith 01 May 1990– The Honourable Justice John Allen Coldrey 19 February 1991– The Honourable Justice David McCartin Michael Byrne 20 August 1991– The Honourable Justice David Lindsey Harper 11 March 1992– The Honourable Justice Hartley Roland Hansen 06 April 1994– The Honourable Justice Philip Mandie 10 May 1994– The Honourable Justice Eugene William Gillard 06 May 1997– The Honourable Justice Murray Bryon Kellam, AO 28 January 1998– The Honourable Justice Bernard Daniel Bongiorno 18 December 2000– The Honourable Justice David John Habersberger 03 July 2001– The Honourable Justice Robert Stanley Osborn 09 May 2002– The Honourable Justice Julie Anne Dodds-Streeton 23 July 2002– The Honourable Justice Robert Frank Redlich 25 October 2002– The Honourable Justice Katharine Mary Williams 25 October 2002– The Honourable Justice Stuart Ross Morris 09 April 2003– The Honourable Justice Stephen William Kaye 16 December 2003– The Honourable Justice Simon Paul Whelan 17 March 2004– The Honourable Justice Elizabeth Jane Hollingworth 07 June 2004– The Honourable Justice Kevin Harcourt Bell 10 February 2005– The Honourable Justice Kim William Spencer Hargrave 18 March 2005– The Honourable Justice Betty June King 21 June 2005–

Appendices 63 Descriptions of Masters’ Roles

Taxing Master The Senior Master is responsible for the administration The Listing Master actively assists the Judge in Master Bruce is only the fifth Taxing Master to have of the business of the Masters, which means not only the Charge of Long Cases and regularly gives directions in held this office since 1905. Having been appointed Taxing administration and coordination of the judicial business such proceedings. She also gives directions in other pro- Master in 1973, he has been for several years the senior of the General Masters but also matters affecting the ceedings which will promote their progress to trial. member of the Court in terms of service. Masters generally or a particular Master or an issue Especially is this so in cases involving plaintiffs suffering The functions of the Taxing Master are to carry out affecting Masters or a particular Master. from recently-detected terminal mesothelioma, which the judicial function of assessing bills of lawyers’ costs, must be brought to trial as a matter of extreme urgency The Senior Master is also ultimately responsible for all both in respect of costs ordered by the Court, including while safeguarding the right of the defendant to justice. activities of the Senior Master’s (Funds in Court) Office. the Court of Appeal, to be paid by one party to the other This is a responsibility which imposes daily obligations. Registrar of Criminal Appeals and costs as between a solicitor and his or her client. In The functions and personnel of the Office are the subject This office was created in 1982 when Master these days of ‘mega’ litigation, bills of costs in the Court of the report on pages 53–54 detailing the Senior Gaffney, who retired in 2001, was appointed. He and the can involve millions of dollars; and frequently the ‘taxa- Master’s (Funds in Court) Office. In his judicial capacity then Chief Justice, the Honourable Sir John Young, tions’ which proceed before the Taxing Master involve the Senior Master ordinarily determines all applications devised methods as a result of which the process of crim- complex or delicate points. by or for beneficiaries for payments out of Court from inal appeals in the Court was streamlined, with the Other Masters are empowered to assist the Taxing funds held for them. Such orders are made daily. result that the disposition of criminal appeals became Master and Master Cain has acted in this capacity to the the most efficient in Australia. extent that his duties in the Court of Appeal and otherwise The Senior Master is also attached to the Commercial The Court of Criminal Appeal (as the Full Court as a ‘General Master’ permit. and Equity Division. In that capacity he hears and deter- sitting in its criminal jurisdiction was then known) mines most ‘Corporations’ cases which are within the General Master became able to hear and determine appeals without the Masters’ jurisdiction, including winding up and related need for adjournments which had previously been expe- The office of ‘Master of the Supreme Court’ was created proceedings and applications to set aside statutory rienced, especially as the result of appellants in person with effect from the beginning of 1949 when two previ- demands. Because of his other duties, the Senior Master seeking legal aid or legal representation or further time ous offices, those of ‘Master in Equity’ (est. 1852 when presently is able to sit in court only on three days each to prepare. This was achieved through active liaison the Court commenced) and ‘Chief Clerk’ (est. 1884) week and, since it has been found beneficial for the with appellants or their legal practitioners, the Legal Aid were abolished. When Master Dowling QC was appointed same judicial officer to hear winding up proceedings Commission, the Office of the Director of Public in 2001, he was the fifteenth person to hold office as a and because other applications before Masters may not, Prosecutions, and counsel and solicitors retained with ‘Master of the Supreme Court’. Presently, all Masters, because of his other duties, be disposed of as efficiently respect to the appeal. Gaol visits were made regularly by other than the Senior Master, hold this office. This is due by the Senior Master as they are by other Masters, he has the Registrar. to the appointment to the office in 1993 of the Taxing determined that it is in the ‘Corporations’ jurisdiction The result was that preparation of appeals was Master, the then Registrar of Criminal Appeals, and the that he should sit. vastly improved and appeals which were fixed for hear- Listing Master in place of Master Barker who had died in Listing Master ing by the Registrar were ready for hearing. office in 1992 and not been replaced. The office of Listing Master was created in 1977 so The Registrar of Criminal Appeals also heard and The functions of the General Master are to hear and that there would be a specialist judicial officer responsi- determined various applications relating to appeals, the determine civil cases which are not within the exclusive ble for the fixing of dates for trial before the Judges and most frequent and significant being applications for jurisdiction of the Judges of the Trial Division. The actu- the drawing up, maintenance and coordination of lists leave to amend the grounds of appeal. al division of the work is not without complexity but, of such cases, and to ensure to the greatest extent possi- Registrar of the Court of Appeal generally, it may be said that the General Masters hear ble the smooth flow of proceedings to trial, and to max- This office was created when the Court of Appeal and determine those cases which arise before trial and imise the efficient use of Judges’ time, of courts, and of was instituted in 1995. It was provided that a person after trial. other resources of the Court. may hold the office of Registrar of Criminal Appeals and The Listing Master communicates with legal prac- Senior Master the office of Registrar of the Court of Appeal at the same titioners and litigants in person and keeps informed as time. The Registrar continues the work hitherto carried The office of Senior Master was created in 1977 so that to the results of all communications made. The Listing out by the Registrar of Criminal Appeals; has general one of the Masters would be responsible for administer- Master usually makes her own inquiries as to what responsibility for the Registry of the Court of Appeal; is ing and coordinating the judicial business of the Judges will be available for cases that are pending and is in constant liaison with the President and has frequent Masters and taking responsibility for the funds held in attentive to the workload borne by individual Judges, contact with the other Judges of the Court of Appeal; and Court by order of the Court or under an Act (generally, which can involve considerable time in communica- is responsible for all matters arising in the civil jurisdic- for persons under a disability). tions with the Judges and their Associates. The Listing tion of the Court of Appeal, including applications to a Master frequently meets with the Chief Justice and the Master. Judges who are the Heads of the respective Divisions.

64 Supreme Court of Victoria 2004–05 Judges’ Annual Report Supreme Court Registries

Principal Registry Court of Appeal Registry Juries Division Level 2 Ground Floor Ground Floor 436 Lonsdale Street 450 Little Bourke Street 250 William Street MELBOURNE VIC 3000 MELBOURNE VIC 3000 MELBOURNE VIC 3000 Tel: (03) 9603 9300 Civil Tel: (03) 9603 6031 Tel: (03) 8636 6810 Fax: (03) 9603 9400 Criminal Tel: (03) 9603 6045 Fax: (03) 8636 6830 Ausdoc: DX 210608 Fax: (03) 9603 6050 Ausdoc: DX 210608 Ausdoc: DX 210608 Ballarat Registry Mildura Registry 100 Grenville Street South 56 Deakin Avenue (PO Box 604) (PO Box 5014) BALLARAT VIC 3350 MILDURA VIC 3500 Tel: 5336 6200 Tel: 5021 6000 Fax: 5336 6213 Fax: 5021 6010 Ausdoc: DX 214276 Ausdoc: DX 217506 Bendigo Registry Sale Registry 71 Pall Mall Foster Street (Princes Highway) (PO Box 930) (PO Box 351) BENDIGO VIC 3550 SALE VIC 3850 Tel : 5440 4140 Tel: 5144 2888 Fax: 5440 4173 Fax: 5144 7954 Ausdoc: DX 214508 Ausdoc: DX 218574 Geelong Registry Shepparton Registry Railway Terrace High Street (PO Box 428) (PO Box 607) GEELONG VIC 3220 SHEPPARTON VIC 3630 Tel : 5225 3333 Tel: 5821 4633 Fax: 5225 3392 Fax: 5821 2374 Ausdoc: DX 216046 Ausdoc: DX 218731 Hamilton Registry Wangaratta Registry Martin Street Faithfull Street (PO Box 422) (PO Box 504) HAMILTON VIC 3300 WANGARATTA VIC 3677 Tel : 5572 2288 Tel: 5721 0900 Fax: 5572 1653 Fax 5721 5483 Ausdoc: DX 216376 Ausdoc: DX 219436 Horsham Registry Warrnambool Registry 22 Roberts Avenue 218 Koroit Street (PO Box 111) (PO Box 244) HORSHAM VIC 3400 WARRNAMBOOL VIC 3280 Tel : 5362 4444 Tel: 5564 1111 Fax: 5362 4454 Fax: 5564 1100 Ausdoc: DX 216519 Ausdoc: DX 219592

Appendices 65 Legislation Updates and Practice Notes

Legislation Updates Legislation plays an important role in the work of the Court. Judges in consider- ing cases, must ensure that they have taken relevant legislation into account. During the reporting period, the following statutes were proclaimed: • 56/2004 Sex Offenders Registration Act 2004 • 59/2004 Crimes (Dangerous Driving) Act 2004 • 60/2004 Evidence (Witness Identity Protection) Act 2004 • 62/2004 Major Crime (Special Investigation Monitor) Act 2004 • 63/2004 Major Crime Legislation (Office of Police Integrity) Act 2004 • 65/2004 Sentencing (Superannuation Orders) Act 2004 • 79/2004 Major Crimes (Investigative Powers) Act 2004 • 84/2004 Commonwealth Powers (De Facto Relationships) Act 2004 • 87/2004 Major Crime Legislation (Seizure of Assets) Act 2004 • 99/2004 Legal Profession Act 2004 • 1/2005 Serious Sex Offenders Monitoring Act 2005 • 3/2005 Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 • 16/2005 Courts Legislation (Judicial Conduct) Act 2005 Practice Notes Practice Notes are issued with the authority of the Chief Justice. They supplement the procedures set out in the Supreme Court Rules. Unlike the Supreme Court Rules, Practice Notes do not have legislative force. However, as their principal aim, they have the assistance of practitioners and other Court users. In general, the Court expects that litigation conducted conforms with Practice Notes. Failure to comply with a Practice Note may result in a penalty. During the reporting period, the following Practice Notes were issued: • Court of Appeal Practice Note 1 of 2004 dated 3 December 2004; • Chief Justice Practice Note 3 of 2004; • Commercial List (Green Book) Practice Note 4 of 2004 dated 15 December 2004; and • Bail Practice Note 5 of 2004 dated 17 December 2004.

66 Supreme Court of Victoria 2004–05 Judges’ Annual Report Glossary of Terms

Adjourned Sine Die A Latin term for ‘without day’ referring to a proceeding Criminal Division A division of the Court’s Trial Division brought into effect being adjourned to a date to be fixed. on 1 February 2000, pursuant to Practice Note 4 of 1999. Adjournment A procedure to suspend or postpone a hearing to a future Department Department of Justice. date. Directions Hearing A form of preliminary hearing conducted when directions Admiralty List A Judge-controlled List in the Commercial and Equity are given for the main hearing to be held at a later date. Division, the List provides specialist management to cases Funds In Court A discrete, self-funded division of the Court where the concerning maritime and associated disputes. Senior Master holds, administers and invests all funds Appeal An application to a higher court to review the decision of a paid into the Court. lower court. Injunction A Court order imposed to make a person do something or Associate Each Judge and Master has an Associate. The Associate’s refrain from doing something. A Judge-controlled List in the Commercial and Equity duties involve the administrative functions connected with Intellectual Property List Division designed to manage proceedings regarding the running of Court hearings. They also act as general patents, trademarks, copyrights and associated matters. assistants to their Judge/Master. Judges’ Associates wear Listing Master A specialist judicial officer responsible for listing cases to robes in Court. be heard in court by fixing dates for trial before the Building Cases List A Judge-controlled List in the Commercial and Equity Judges and drawing up, maintaining and coordinating Division where a Judge with specialist knowledge in build- these lists of cases. ing and construction law manages cases. Litigation Support Overseen by Master Bruce, the Litigation Support CEO The Chief Executive Officer is an officer of the Court and Group (LSG) Group (LSG) comprises the support staff from the Master is employed pursuant to section 106 (a) of the Supreme and the Registry. The LSG manages all proceedings com- Court Act 1986 and the Public Sector Management and menced by Writ that have not been entered into a special- Employment Act 1998. The Chief Executive Officer is ist List, from the commencement of the pleadings until responsible for the overall administration of the Court and the proceeding is referred to the Listing Master for pre-trial oversees all the various work areas in the Court, with the directions. exception of those areas that report directly to the judici- Long Cases List Proceedings before the Court that are expected to exceed ary. 12 sitting days at trial are placed in the Long Cases List. Circuit Sittings of the Supreme Court, which are held in various These proceedings are managed by the Listing Master. regional districts within Victoria other than Melbourne. Major Torts List The Major Torts List is a Judge-controlled List, which Civil List List of civil proceedings awaiting trial before a Judge sit- manages tort litigation from the point of issue to referral ting with or without a jury. to the Civil List for fixing for trial. Commercial and A division of the Court’s Trial Division brought into Master A Judicial Officer of the Court empowered to perform aux- Equity Division effect on 1 February 2000, pursuant to Practice Note 4 of iliary judicial duties. Some Masters have specific duties, 1999. including listing, taxation and criminal appeals. Commercial List The Commercial List is a Judge-controlled List, designed Mean The mean, commonly known as the arithmetic average, is to provide speedy resolution of commercial disputes. computed by adding all the scores in the distribution and Common Law Division A division of the Court’s Trial Division brought into effect dividing by the number of scores. on 1 February 2000, pursuant to Practice Note 4 of 1999. Median The median is a measure of central tendency. It is the Corporations List A Judge-controlled List in the Commercial and Equity score that divides a distribution exactly in half. Exactly Division, the List manages the expeditious resolution of one half of the scores are less than or equal to the medi- company disputes. an, and exactly one half are greater than or equal to the median. Because exactly 50 per cent of the scores fall at or Court of Appeal Supreme Court when constituted by two or more Judges. below the median, this value is equivalent to the 50th per- Usually, it is three. It is possible to have more than one centile. Court of Appeal sitting at a time.

Appendices 67 Glossary of Terms

On the Papers Orders made by the Court without the requirement that Rules Committee A committee of judicial members and members of the Bar the parties be present. However, such orders are agreed to Council and Law Institute of Victoria appointed by nomi- in writing by the parties. nation, empowered by section 25 of the Supreme Court Originating Motion A form of process used to commence a proceeding where Act 1986 to make Rules of the Court. required by any Act or by the Rules, and where there is no Security for Costs The Court may, on application of a defendant, order that defendant or when it is unlikely that there will be any sub- security for the costs of the defendant in the proceeding be stantial dispute of fact between the parties in a proceeding. paid by the plaintiff under certain circumstances. Pending A case that is awaiting final determination. Sheriff The Sheriff is an officer of the Court and is employed pur- Percentile The rank or percentile rank of a particular score is defined suant to section 106 (a) of the Supreme Court Act 1986 as the percentage of individuals in the distribution with and the Public Sector Management and Employment scores at or below that particular value. For example, a Act 1998. 75th percentile means that 75 per cent of the scores in the Subpoena A Writ or Summons issued in a proceeding requiring the distribution are at or below this value. A 90th percentile person to whom it is directed to be present at a particular means that 90 per cent of the scores in the distribution are place and time for a specified purpose under a penalty for at or below this value. non-attendance. Pleadings Pleadings are a series of written statements exchanged Tipstaff An Officer of the Court who sits next to the Associate and between the parties in a proceeding. They set out and clar- in front of the Judge during court. He or she is responsible ify the claims and defences of the parties and help to for keeping order in the court and will usually swear in or define the issues that must be determined. affirm witnesses. Practice Court A court where short and/or urgent applications can be Trial Division A division of the Court comprising the Chief Justice and made. A Judge presides over the Practice Court. generally about 20 other Judges. The Trial Division is fur- Presentment A document filed in the Court, which describes the crimes ther divided into three sub-divisions: the Commercial and alleged by the prosecution to have been committed by a Equity Division, Common Law Division and Criminal defendant. Used by the State Office of Public Prosecutions. Division. Pre-Trial Conference A Pre-Trial Conference is a form of dispute resolution that Unrepresented Individuals who do not have legal representation and usually takes place after a proceeding has been set down Litigants who are representing themselves in a proceeding. for trial. The conference is normally convened by the Valuation A Judge-controlled List comprising cases relating to Prothonotary or the Senior Deputy Prothonotary. Compensation the valuation of land, compensation for the Probate Proving a Will. It is the Court’s authority that a Will is and Planning List acquisition of land and planning appeals from the valid, allowing the executor to collect the deceased’s assets Victorian Civil and Administrative Tribunal (VCAT). and so administer the estate according to the terms of the VCAT Victorian Civil and Administrative Tribunal. Will. Victorian Taxation A Judge-controlled List in the Commercial and Equity Prothonotary The Prothonotary is an officer of the Court and is Appeals Division, where proceedings arise out of objections to an employed pursuant to section 106 (a) of the Supreme assessment, decision or determination by the Court Act 1986 and the Public Sector Management and Commissioner for State Revenue with respect to liability Employment Act 1998. The Prothonotary is also the for any tax, duty, levy, fee, charge or other impost. Principal Registrar of the Court. He reports to the Chief Warrant An authority under hand and seal of the Court directed to Executive Officer. some officer to arrest an offender or recover property. Registrar of The Registrar is an officer of the Court and is Writ Document under the seal of the Court commanding the Probates employed pursuant to section 106 (a) of the Supreme person to whom it is addressed to do or forbear from doing Court Act 1986 and the Public Sector Management and some act. In the Court, most proceedings are commenced Employment Act 1998. He reports to the Chief Executive by Writ. Officer.

68 Supreme Court of Victoria 2004–05 Judges’ Annual Report Freedom of Information and Web Site

Freedom of The Court’s Information Website Section 6 of the Freedom of Information Act 1982 Of great value to the Court is its openness and (FOI Act) provides that the FOI Act does not apply to accessibility to both the general public and members of courts, in relation to documents that are created by the the legal profession. The Court’s website is a tool that Judiciary, Registry staff or other office staff of the Court enables all users of the Court to access information in relation to its judicial functions. regarding the Court, including its practices and proce- However, documents prepared with regard to the dures, lists and sittings, jury service, judgements, the administrational operations of the Court are not preclud- library, publications, support services and courtroom ed from the provisions of the FOI Act. technology. Any requests for documentation under the FOI Act In addition, the website contains useful links to should be made in writing and forwarded to: numerous judicial, government and legal websites. Court Liaison Officer Visit www.supremecourt.vic.gov.au for more Supreme Court of Victoria information. 210 William Street Melbourne, Victoria 3000 Enquiries to: Chief Executive Officer Supreme Court of Victoria 210 William Street Melbourne, Victoria 3000 Tel: (03) 9603 6210 Fax: (03) 9603 6352

This Annual Report is available on our website below. www.supremecourt.vic.gov.au